Academic Legal Writing - Eugene Volokh [198]
50 The data is from International Dairy Foods Ass'n, Dairy Facts 45 (2003), and FBI, Uniform Crime Reports—Crime in the United States, 2000, tbl. 2.18 (2002), http://www.fbi.gov/ucr/cius_00/00crime2_4.pdf. The graph plots ice cream production, in millions of gallons, against 10 times the monthly rape numbers (as a percentage of total rapes in 2000). The multiplier of 10 is used simply to get the two lines to the same vertical location, so the correlation is more visible.
51 FBI, Uniform Crime Reports—Crime in the United States, 2002, at 45 (2003), http://www.fbi.gov/ucr/cius_02/pdf/02crime2.pdf.
52 U.S. Department of Justice, Bureau of Justice Statistics, Criminal Victimization, 2002, tbl. 1, http://bjs.ojp.usdoj.gov/content/pub/pdf/cvus02.pdf.
53 U.S. Department of Justice, Bureau of Justice Statistics, Homicide Trends in the U.S., http://bjs.ojp.usdoj.gov/content/homicide/tables/totalstab.cfm.
The comparison in the text isn't quite precise. The table cited by the Supreme Court concurrence counts only “homicides ... occurring during years within the 1973–1995 study period when the state in which the county resides had a valid capital-sentencing statute.” When we divide the 142,228 number by the total homicide count throughout the country (487,590), we should presumably adjust the denominator to better match the way the numerator is measured, so the percentage may end up being more than 29%. But 29% is in any event just a rough estimate (for instance, we should probably be dividing not the total homicide counts, but rather the counts of the most serious homicides), and the bottom line would in any event remain the same: The disparity between death sentences and homicides is much less than the concurrence suggests.
54 Arthur L. Kellermann & Donald T. Reay, Protection or Peril? An Analysis of Firearms–Related Deaths in the Home, 314 New Eng. J. Med. 1557, 1560 (1986).
55See infra note 63 and accompanying text.
56 Sherbert v. Verner, 374 U.S. 398 (1963); Hobbie v. Unemployment Appeals Comm'n, 480 U.S. 136 (1987); Frazee v. Illinois Dep't of Emp. Sec., 489 U.S. 829 (1989); Thomas v. Review Bd., 450 U.S. 707 (1981); Wisconsin v. Yoder, 406 U.S. 205 (1972).
57World Christian Handbook 99–101 (H. Wakelin Coxill & Sir Kenneth Grubb eds., 1962) (estimating the number of Seventh–Day Adventists, Seventh–Day Baptists, and members of the Seventh–Day Church of God); American Jewish Comm., American Jewish Year Book 63 (1961) (estimating the number of Jews); Samuel C. Heilman & Steven M. Cohen, Cosmopolitans & Parochials: Modern Orthodox Jews in America 2 (1989) (“As a group, [the Orthodox] have for over a generation remained constant at about 10 percent of the American Jewish population of nearly six million.”). Of course, some Christian Sabbatarians might not belong to the leading Sabbatarian denominations, and some Christian Sunday observers (such as Frazee in 1989) might take advantage of the religious exemption (though in 1963, many state laws already protected many Sunday observers, even without need for a mandatory Free Exercise Clause accommodation). Nonetheless, there seems to be reason to think that Jews formed the majority of U.S. Sabbath observers in 1963, and very strong reason to think that they at least formed a large fraction of U.S. Sabbath observers.
58See First Covenant Church of Seattle v. City of Seattle, 787 P.2d 1352 (Wash. 1990) (exemption from landmark preservation ordinance); State v. Hershberger, 444 N.W.2d 282 (Minn. 1989) (exemption from requirement of displaying orange slow-moving vehicle emblem on horsedrawn carts); People v. Swartzentruber,