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U.S. v. Lynch, No. 97-1092, No. 18 (2nd Cir.) (162 F.3d 732) (December 14, 1998) (Judge Dennis G. Jacobs)

In his dissent from the majority's ruling that the Double Jeopardy Clause barred a retrial of two abortion protestors, Judge Feinberg equated the court's action to judicial nullification which he strongly criticized.

Set forth below is the full text of Judge Feinberg's discussion of The Prerogative of Leniency:

B. The ...

 

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