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The Problem With 'History and Tradition'

Advisory Opinions

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What Is the Standard for Pretrial Sedative?

David Rothkopf: We're looking at a far lesser degree of deprivation than incarceration. He says the standard for pretrial sedative? The standard for arrest probable cause? Yep. That's not even a preponderance of the evidence, he says. But is it meaningful that then you attach all sorts of other rights with that? "We certainly are going to have circuit splits on this"

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