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The Law of Democracy and the Two Luther V
\\jciprod01\productn\N\NYU\86-6\NYU607.txt unknown Seq: 1 28-NOV-11 15:06 THE LAW OF DEMOCRACY AND THE TWO LUTHER V. BORDENS: A COUNTERHISTORY ARI J. SAVITZKY* How, and how much, does the Constitution protect against political entrenchment? Judicial ineptitude in dealing with this question—on display in the modern Court’s treatment of partisan gerrymandering—has its roots in Luther v. Borden. One hun- dred and sixty years after the Luther Court refused jurisdiction over competing Rhode Island state constitutions, judicial regulation of American structural democ- racy has become commonplace. Yet getting here—by going around Luther—has deeply shaped the current Court’s doctrinal posture and left the Court in profound disagreement about its role in addressing substantive questions of democratic fair- ness. While contemporary scholars have demonstrated enormous concern for the problem of the judicial role in policing political entrenchment, Luther’s central role in shaping this modern problem has not been fully acknowledged. In particular, Justice Woodbury’s concurrence in Luther, which rooted its view of the political question doctrine in democratic theory, has been completely ignored. This Note tells Luther’s story with an eye to the road not taken. INTRODUCTION The year 2012 promises a new round of legislative redistricting and gerrymandering,1 a new round of money entering our electoral system from undisclosed sources,2 and a new round of hyperpartisan * Copyright 2011 by Ari J. Savitzky. J.D., 2011, New York University School of Law; A.B., History, 2006, Brown University. I would like to thank Notes Editors Lisa Connolly and Whitney Cork, as well as the entire staff of the New York University Law Review, for their time and effort in preparing this Note for publication. -
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S T r G A K A W R o A C T A P I Y TRAS R O ON A L M I N R N M R O S T EM P G T E D D p E Y Y I F A O S S N NV O S L D A GI L DU ERN L R M N N A H CASTL ES K S E S N T P A T M E T U RAFFORD C A R I A N T L I I N E K H M O L L D R R C C i D A I R O P S Y T U W S N P LIMPKIN EL N B P E A G D TA I S T C A L O c U N I A O T R B L S O A U R A N O SP T B T K SPUR E E I O E P L L S N R H E R S M I C Y OUNT S D RY N H WALK T I A O S R W L U a A E D P A1A E E M O N U R O M L O A A RD F A D A H H Y S H W U P R TR S EN E N I DAV T l ADDISO N R A K E A S D P V E O R E A R O A O A R Y £ S E T K Y R ¤ B E T R O Y N O L A T M D Y N ADDIS L Y C I U ON N N S V E T K K AT A A R OLA A O I C A R L R O V Z N P A NA EE K R I B L TR R V L L AY N C B A E M L S E E r M O A L L E R L M O I A R O C U A P G A T G R R SS l E M Q BLA C R R M JORDAN H A E E N M E S R S U I S R U E P E T H N C N A A DE R U I IR AR G RECRE T G AT S W M D H M WILLOW C M ION R L REE B E PA P A K A E A D E E A C B L I US1 C L T S G R R U Y K E R S R P IB L I ERA D W N D Q A C O E N RS I A PINEDA O L N R E N y O T N F THIRD A R M HOF A S T G £ w T I L D ¤ N E S s E M S D H A BO B L S O Q H W R T U H E K PIO N K O CAP H C S E R R U O T I G L O C DO V A A F R G O H E M O TRU O a CEN L R O O L E G N L R L E N S H R d I I R B W E A Y N R O W I R e A V C U W E F FIRST R A M K W T K H n L G T A I JEN S E LLO i R ANE E R R C O A A E T A A E I P I E H FIRST S H Y P L N D SKYLARK R T A H A N O S S City of Melbourne K T S L I F E O K CASABELLA 1 E RAMP U A T OCEAN N S R S R I P E SANDPIPER E R A O -
Thistle Tuning Guide
Thistle Tuning Guide For any question you may have on tuning your Thistle for speed, contact our experts: Ched Proctor 203-783-4239 [email protected] Brian Hayes 203-783-4238 [email protected] onedesign.com Follow North Sails on... NORTH SAILS Thistle Tuning Guide Introduction to your diamonds. Always be sure to check 1/8” Cable Forestay Tension your diamond tension and straightness of LOOS LOOS PRO the mast while it is supported at both ends This tuning guide is for the Greg Fisher TENSION MODEL A GAUGE with the sail track upwards. design and the Ched Proctor design Thistle 240 28 21 sails. These designs are the result of hours 260 30 22 If while sailing in marginal hiking of boat on boat sail testing and racing 280 31 23 conditions (10 - 12 mph breeze) you experience. 300 32 24 notice slight diagonal overbend wrinkles in 320 33 25 the upper part of your mainsail, your upper The following tuning guide is meant to 340 34 26 diamonds are most likely too loose which be a comprehensive guide for setting and 360 35 27 is allowing the upper part of your mast trimming your North Sails. Please read it to bend too much. On the other hand, if thoroughly before using your sails for the your mainsail in the upper third appears first time. 1/16” Wire Diamond Tension fairly round and is difficult to flatten out in We urge you to read the section on sail With North Proctor model sails a breeze, your upper diamonds are most care in order to prolong the life of your likely too tight. -
The Log 2012 QLS J/24 Worlds Championship Regatta
October, 2012 The Log www.rochesteryc.com 2012 QLS J/24 Worlds Championship Regatta 5555 St. Paul Boulevard Rochester, New York 14617 585-342-5511 2 Rochester Yacht Club The 2012 QLS J/24 Worlds Championship Regatta September 13-21, 2012 Rochester Yacht Club Rochester, New York www.2012J24worlds.com September 28, 2012 On behalf of Regatta Co-Chair Kris Werner and myself, we would like to offer our thanks to the Executive Board, members and staff of the club for all your support and hard work during last weeks 2012 J/24 Worlds. Kris and I were thrilled at all the grateful and positive comments from Competitors from around the world. Among the most meaningful to us were the comments on the hospitality and welcoming spirit of the many club members who worked so hard to put on what will be long remembered as one of the best J/24 Worlds in history! The list of members and volunteers to thank is long indeed. Among those who stood out are Dan Peck and his facilities team who moved, launched and hauled 96 boats and their trailers throughout the regatta - including hauling 88 boats in four hours on the last day of the regatta!., Donna DePeters and her registration team who guided 500 sailors through registration - dealing with the arcane process of J/24 measurement, insurance, crew weight, and many language barriers (Thank God for teachers!) Chris Dorsey who stepped up to provide spectator and support boats for our many guests ., Donna Faust, Betsy Lawless and Linda Summers who ran a world class web presence and media team that provided constant coverage of results, photos and stories to Facebook, Twitter, coveritlive.com and other sources. -
2021 MYC One Design Regatta Nor and Registration
Massabesic Yacht Club Annual One Design Regatta Massabesic Yacht Club Annual One Design Regatta September 18 & 19, 2021 Massabesic Yacht Club, Auburn, NH N O T I C E O F R A C E 1. Rules 1.1. The Massabesic Yacht Club Annual One Design Regatta will be governed by the current version of The Racing Rules of Sailing (RRS). 1.2. The rules and specifications of the International Lightning Class Association, Windmill Class Association, and the Flying Scot Sailing Association will apply. 1.3. Certain rules may be changed, and these changes will appear in the Massabesic Yacht Club Sailing Instructions (see Sailing Instructions below). 1.4. By participating in this regatta, a competitor grants to the organization authority and its sponsors the right in perpetuity to make, use, and show, from time to time at their discretion, any photographs, motion pictures, and live, taped, or filmed television and other reproductions of him or her during the period of the competition without compensation. 2. Eligibility & Entry 2.1. The regatta is open to qualified boats of the Lightning, Windmill, and Flying Scot Class. 2.2. United States Sailing Association and Class Association membership is strongly encouraged, but not required to participate in this club regatta. 3. Registration 3.1 Registration for the Massabesic Yacht Club Annual Regatta shall be made by mail using the attached entry form (postmarked by August 23). Early registration is encouraged to help in determining the likely event head count. 3.2 Participants may also register in person at the Massabesic Yacht Club from 0800-1000 on the first day of competition. -
T E L L T a L E S a R a T O G a L a K E S a I L I N G C L U B
What's Inside? T e l l t a l e S a r a t o g a L a k e S a i l i n g C l u b Web page: sailsaratoga.org May, 2016 Commodore’s Corner SLSC By Mark Welcome Annual Memorial Day It’s time to go sailing! Champagne Brunch The Club is in great shape and the docks are all in as of the Monday, May 30 April 30th work party. We had 120 memberships 10:00 AM - Noon represented at the first work party and were able to accomplish almost everything that was on our lists. Not to Adults $10 - Kids (12 and under) $5 worry, we have more than enough work to add to our lists th Champagne market price per bottle for Work Party #2 which will be on Saturday May 7 . Planned work details include getting the mooring field ready, Reservations no later than May 22 to more house cleaning, additional work on school boats and any number of projects on the grounds. We look forward to seeing many of you who couldn’t make the first work party at [email protected] the second work party so we can finish opening up the club Email reservations are preferred, and will be and start the sailing season off right. If you are unable to acknowledged! participate in the work parties, please contact John Smith, Melissa Tkal, Greg Tkal, JT Fahy, David Hudson or myself or call to see if they need help with additional projects. Given that Kathleen & Vic Roberts we are a volunteer run organization, there are always 399-4410 projects to do and we appreciate the help of all the members. -
Classifieds for North Woods Trader - Thursday, 10 A.M
PAID ECRWSS Eagle River PRSRT STD PRSRT U.S. Postage Permit No. 13 POSTAL PATRON POSTAL baths 2 ⁄ 1 King & Queen! Passage * 5,210 feet finished * Superb kitchen & appliances * 11-foot ceilings * Attached 3-car garage * Finished lower level * Workshop * Bedroom suite for * 5.48 acres * 265 ft. frontage, swimming! * Part of Poh-Wah-Gom * 872-acre lake, 90 ft. deep * Close to national forest * Boating to Big Sand also * Custom landscaped * FACES WEST! * 3 bedrooms, Wednesday, Wednesday, May 29, 2019 29, May (715) 479-4421 AND THE THREE LAKES NEWS A SPECIAL SECTION OF THE VILAS COUNTY NEWS-REVIEW THE VILAS COUNTY SECTION OF SPECIAL A Phelps proudly presentsproudly NORTH WOODS NORTH THE PAUL BUNYAN OF NORTH WOODS ADVERTISING WOODS OF NORTH BUNYAN THE PAUL Ultra Custom Long Lake Manor Lake Long Custom Ultra www.burkettrealty.com Century 21 Burkett & Associates & Burkett 21 Century EAGLE RIVER DOWNTOWN KIOSK THREE LAKES LAND O’ LAKES 715-479-3090 715-477-1800 715-546-3900 715-547-3400 © Eagle River Publications, Inc. 1972 Inc. Publications, ForFor thethe bestbest inin newsnews coveragecoverage && award-winningaward-winning photos,photos, checkcheck outout thethe VilasVilas CountyCounty News-ReviewNews-Review Subscribe today! PRINT/ONLINE EDITION: VILAS COUNTY THE THREE LAKES NEWS-REVIEW NEWS Vilas & Oneida Wisconsin Out-of-State 1 YEAR $55.00 $63.00 $75.00 9 MONTHS 47.00 54.00 64.00 6 MONTHS 36.00 42.00 50.00 3 MONTHS 20.00 22.00 26.00 FREE Check Online Access Mail to: out our with Print Vilas County News-Review Flip-Book Edition P.O. -
Home Racing Visitors Members Atlantic Cruising Class Flying Scot Juniors Laser Lightning Star Thistle Vanguard 15 Wx Admin Lase
8/19/2014 Cedar Point Yacht Club Cruising Flying Vanguard Home Racing Visitors Members Atlantic Juniors Laser Lightning Star Thistle Wx Admin Class Scot 15 Add Cedar Point Laser Fleet Edit Laser New Events Event Laser Frostbite Fall Week 9 12/4/2005 11:55AM Laser Add The Ce d a r Po int La se r Fle e t runs a program of summer racing and winter frostbiting. As many sailors, and all of our Results Link Frostbiters, already know, Lasers are terrific boats for everyone from beginners, to hotshot juniors, to Olympic racers, to graying grandmasters. This The Laser has an extremely strong one design class association with over 180,000 Lasers worldwide and standing as an Olymp ic Week's Results Cla ss. For many people, the Laser is truly the perfect single-handed one design. These factors along with the Laser's low cost, ease of rigging, excitement of the sailing, and the close competition and comraderie in our fleet are why many of our club members who own and Fall 2005 race other boats still find much of their best racing is in Lasers. Series Fro stb iting begins the second Sunday in October and runs through the middle of December; it resumes the second Sunday in March Standings and continues through to middle of May. With over 100 boats registered for frostbiting, 35 to 55 Lasers, a mix of both standard and Radial rigs, race on a typical Sunday. Racing is open to all; winter membership is available at a relatively low fee without any lengthy Fall 2005 application process. -
2017-4 Skimmer 2017
The Wayfarer United States Wayfarer Association Winter 2017-4 WAYFARER CRUISING OPPORTUNITIES 2018 MIDWINTERS and US NATIONALS February 2-4 at Lake Eustis, Florida 2018 offers Wayfarer sailors some wonderful opportunities to gather with fellow sailors to revisit The Fortnight in Florida returns to Lake Eustis Sailing favorite venues as well as explore new waters. Club in February with three straight weekends of racing, Wednesday night Club racing, cruising days at Cedar Key (covered in a separate article) and pop up August 4th-10th: East Meets West Wayfarers will day cruises on Lake Eustis or Lake Dora. The kickoff gather near Bayfield, Wisconsin to explore the will be the 2018 Midwinters Regatta which also will Apostles Islands in Lake Superior. Interested sailors serve as the 2018 US Nationals. On Friday the should contact David and Lisa Nelson Wayfarers will race on their own. On Saturday and [email protected]. Camping and/or lodging Sunday the MC Scow Train Wreck Regatta will be details will be determined by the group. held concurrently. August 20th -27th The North American Rally will be held at Hermit Island Campground near Bath, Early arrivers on Thursday can enjoy leisure boat setup Maine. Tom Graefe is coordinating the details with the and practice races in the afternoon with just enough private campground so if you are interested in joining time on the water to shake out the kinks and untangle this cruise in one of the premier sailing spots on the the lines before the famous LESC sunset. east coast connect yourself with Tom. Fleet 3 is working hard to ensure a fun, competitive [email protected]. -
1991 Soling Worlds at the Rochester Yacht
\ 1991 so|_||\|<;. WOR LD CHAMPIONSHIPS ROCHESTER N Y n f ' afiél x%**§E-_ ff -my 5 .3; ,_ .,,__ ' ;. _ . *Qi §3f§` __ " S 31: ` ' .,`. ` is _,_ .:f S <1 'f 2 1 wow » §%»1 ~ ,;;,5.; ;§YT*" z_ , '» __ ' ` é%<'==iLSf_;' ;§ff=f1",.' Q ~¥~§;!_ ~ 1" if '2f»§~:" ~ :_ P f=~ ' fl :_ \ I? 2, '= ~ gy ' 'fi ,:\Yf%f@_;@§;. ; __ x ;;?>_¢>%=>=§ ¢ -_ ~ » _Q ~ 1, ~ ' ~ ~ 53 _ __ _ _ _¢ ~W '~ _ Q- f __ ,i ~ *_ §f,,f§§S¢§_% » ' . f _ j -"_ V Q Xxx. ~ ; _ 'S __ ;x~ ~ 3 ,__ S;<_;~' * » _.___ - _` _ ~ _ww S `.,,_ 13, : Q ».' . Aa ` af" » w = " '!_ "', 1 if ,_ ¢§»?f= 1 ";¥~_" ¥ 1 : ~ _ " Qé*"_'¢_ :_§T* yay ; ~ 5% v . T S5>';&;~ ~_'g-5, ` 'S :~ " _ , v, `I`i "S;»isé_e=_ _ ' SLS ~. " ' ' » S -9 ~ ,_;1 _» § _ fav -'»'*:=_@ W - » = _: S ¢ ' , " - SSS ~, S » ' _ 31, " " _~ L59 ..`» <~ ~ ' \= ` ' ,_ ' . S. ~ ~~;f' _ ,> S ,,~~~_»§~¢~ = ~ __ f?`fi - > ¢z_ _J L "W _ '2i,;¢}¢§ »~ ei ,. 1 ' *%`_ * M " , gs; ,, " S; _, Q _viii S : ' _4.__,~, ' _. _ ' ' MS " S " ° » __ %>='%i~~` J- »Mf';%f 22 _ ' . "_»:==S1~'*_ i " fre > '= E ~ fi '~ _ /M ; ' ~;;>Sf_'Tif';; » , ' ' ~ ) _ __ ff 3f*'~s,§_¢'*#'::s=»1_~~>¢~» ' ~ »' _ L ` *:§f<~"=,__,;._= _t' S' * > S._='§i;'Z>:5, 1' '= _ ff ~ þÿ';;e';" ¬~'f 121 ` "" S ' -1 ff: ;§ ==<<5; ~ fm- ` _ »» 7 S_ ~ _ *ww 11: __¢3i~__"""5w_~'1_j'*i7- _ ~~»1 ='._-';,!@:=¢\*¥"$§>»_ , ._ ,ff _ ` wk'_~ f ~ ~£~> _»f,,.;' .»» >\.-wma ;S;_; , mi";,_>':\-,';g:;_»;_s>,gg~=£-*#.-; » - - ~ ~f»,, ' , , _ f §_S,;~ . -
Renovating This Old Boat
OCTOBER 2004 since 1945 Renovating This Old Boat By Janice and Alyn Pruett aving nearly completed a year-long (plus) So the vessel was basically sound, and my son, renovation of our old boat, my wife, Janice and I “assisted” by an experienced captain and his friend a me- Hnow know there are two ways to repair and restore chanic, sailed it from Pensacola to Miami with only a small an old boat. The “right” way would be to pull the boat out hitch when the fuel line got clogged. When it arrived in of the water – and work on it for 6 months to a year – Miami our first thought was to get it getting everything just right – then sailing off to adven- cleaned up - after the journey to Mi- ture. Our way was a bit different – we repaired systems as ami it was pretty grungy! Another first needed, and made improvements chore was to address items in the sur- in between great sailing trips with vey that the insurance company our friends at CGSC. As a result wanted fixed, and could be immedi- we have enjoyed a year that com- ately, and easily repaired. These in- bined both hard work and great cluded making sure all hoses leading sailing. Hopefully our experience to through-hulls were double- can help others at CGSC decide clamped, switching AC outlets to the ”right” or “wrong” way to GFCI (Ground Fault Circuit Inter- approach the renovation of rupter) outlets, replacing out-of-date “your oldboat”. fire extinguishers and flares, repairing a broken spreader We purchased our boat – then light, and replacing wire nuts with marine electrical named “Stormalong” – a 1971 connectors. -
Massabesic Yacht Club Annual One Design Regatta - 2020
Massabesic Yacht Club Annual One Design Regatta - 2020 Massabesic Yacht Club Annual One Design Regatta September 19th & 20th, 2020 Massabesic Yacht Club, Auburn, NH N O T I C E O F R A C E 1. Rules 1.1. The Massabesic Yacht Club Annual One Design Regatta will be governed by the 2017-2020 Racing Rules of Sailing. 1.2. The rules and specifications of the International Lightning Class Association, Windmill Class Association, and the Flying Scot Sailing Association will apply. 1.3. Certain rules may be changed. These changes will appear in the Massabesic Yacht Club Sailing Instructions 2020 posted on the MYC website racing page. 1.4. By participating in this regatta, a competitor grants to the organization authority and its sponsors the right in perpetuity to make, use, and show, from time to time at their discretion, any photographs, motion pictures, and live, taped, or filmed television and other reproductions of him or her during the period of the competition without compensation. 2. Eligibility & Entry 2.1. The regatta is open to qualified boats and skippers of the following boat classes: Lightning, Windmill, and Flying Scot. 2.2. United States Sailing Association and Class Association membership is strongly encouraged, but not required to participate in this club regatta. 3. Registration 3.1. Registration for the Massabesic Yacht Club Annual Regatta – 2020 shall be made by mail using the attached registration form (postmarked by August 29). 3.2. Participants may also register in person at the Massabesic Yacht Club from 0800- 1000 on Saturday, September 19 (onsite registration).