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”). 56. See, e.g., Jacobi et al., supra note 21, at 157 (“[I]n practice, many states ‘do little to assess their network adequacy. To the
note 61, at 2376. 178. Cf. Knake, supra note 25, at 678 (noting that in the narrower context of attorney speech, “[a]n attorney’s identity as a
on Reich’s theory in Goldberg). 115. Goldberg, 397 U.S. at 262 n.8 (citing Reich, Individual Rights, supra note 102, at 1255; Reich, The New
nothing of these AmLaw 100 law firms whose economies will also soar because no new business will ever again need to be turned away. In other words, the
terrorists included no reference to the need for construction of barriers, fences or walls.”). × Jim Norman, Solid Majority Still Opposes New Construction
supra note 21, at 729-71. 28. Compare Garcia v. Elf Atochem N. Am., 28 F.3d 446, 451-52 (5th Cir. 1994) (holding that same-sex harassment is never
relates the following example of one such use of remorse and apology: [I]n one case of neighborhood vandalism, nine families became involved in
Prods. Co., 304 U.S. 144, 152 & n.4 (1938). I do not believe rational-basis review is an appropriate or rational form of constitutional analysis for
baseline. 123. Kaplow, supra note 121, at 26-27; see also id. at 165 & n.24 (discussing scholarship analyzing various “non-neoclassical” merger motives
of Economic Rights, 73 N.C. L. Rev. 329, 426-27 (1995). 367. See Eyer, supra note 354, at 1366 & n.231 (citing Thomas B. Nachbar, Rational Basis “Plus