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656 THE YALE LAW JOURNAL FORUM J A N U A R Y 9 , 2 0 2 2 Biden’s Gambit: Advancing Racial Equity While Relying on a Race-Neutral Tax Code
See Victoria F. Nourse & Jane S. Schacter, The Politics of Legislative Drafting: A Case Study, 77 N.Y.U. L. REV. 575, 597 & n.42 (2002) (citing McNary
“ [N]or shall private property be taken for public use, without just compensation.” ). 16. While we argue that a law of givings is necessary, we do not
supra note 61, at 250 n.151 (“There is considerable variation among the circuits. The Ninth Circuit often construes qualified immunity to favor
circuits vary widely in approach, which is not surprising given the conflicting signals from the Supreme Court.”); Jeffries, supra note 61, at 250 n
propositioned Heyne on the night before she was fired.” Heyne, 69 F.3d at 1480. 99. Id. 100. Id. at 1479-80 & n.2. 101. See, e.g., Melilli, supra note
analysis as the basis for finding that sexual harassment discriminates on the basis of sex). 26. Barnes, 561 F.2d at 990 n.55 (“It is no answer to say that
Nonwhite Underclass, 78 GEO. L.J. 1929, 1929 n.1 (1990) (“But white poverty generally does not persist from one generation to the next—white people move
infra notes 501-504 and accompanying text; see also Stone, supra note 23, at 140 n.217 (noting that “the Court’s assumption in [Baxter v. Palmigiano
WERNER SOLLORS, NEITHER BLACK NOR WHITE YET BOTH: THEMATIC EXPLORATIONS OF INTERRACIAL LITERATURE 264-65, 504 n.91 (1997). 116. See Harris, supra note