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Although states have historically been primarily responsible for regulating insurance,40 the MHPAEA emphasizes federal involvement in part because states
documented, regulated parties often follow guidance even though it is formally nonbinding. 40 Moreover, Article III courts and the Patent Trial and
supra notes 19-23 and accompanying text. 40. See Moose Lodge No. 107 v. Irvis, 407 U.S. 163, 172 (1972) (discussing the state-action re- quirement
PHILOSOPHY OF JOSEPH RAZ 333, 333-40 (R. Jay Wallace et al. eds., 2004). 11. This argument is developed especially clearly in WEINRIB, supra note 10
“searches and seizures inside a home without a warrant are presumptively 4. See, e.g., United States v. Hubbell, 530 U.S. 27, 40 (2000). 5. U.S. CONST
Justice, in REASON AND VALUE: THEMES FROM THE PHILOSOPHY OF JOSEPH RAZ 333, 333-40 (R. Jay Wallace et al. eds., 2004). 11. This argument is
polity, but were here in the first place, should be governed.40 In both areas, however, canons of construction encourage a narrow interpretation of
40 AM. POL. RES. 383, 400-03 (2012). 222. See, e.g., Robert Rizzuto, Elizabeth Warren and Sen. Scott Brown Both Denounce Latest Cross- roads GPS Ad
process. See, e.g., Robert C. Ellickson, Alternatives to Zoning: Covenants, Nuisance Rules, and Fines as Land Use Controls, 40 U. CHI. L. REV. 681 (1973
relevant.40 In some cases, statutes or compacts govern the rights to an interstate body of water;41 in other cases, water rights are “equitably