1. The Fourteenth Amendment and symbolic legality: Let them eat due process.
2. International Covenant on Civil and Political Rights (ICCPR), Art 14(3)(d). The right is not unqualifed—no legal assistance need be provided to criminal defendants if the interests of justice do not require it, and the treaty language is silent about what that means.
3. Henry Shue,Basic Rights: Subsistence, Affuence, and US Foreign Policy(Princeton University Press, 2nd edn 1996) 13.
4. Some Fundamental Legal Conceptions as Applied in Judicial Reasoning
5. See generally Steven Darwall,The Second-Person Standpoint: Morality, Respect and Accountability(Harvard University Press, 2006).