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that I am aware of are by Akhil Amar, in a recent book titled America’s Unwritten Constitution;37 by Jed Shugerman, in an article arguing for a
with money (in the form of a salary and other benefits) in exchange for, inter alia, an assignment of patent rights in any inventions created at work
agreements. A state AG antitrust complaint brought against Google alleges an unlawful agreement be- tween Google and Facebook to restrain the market for
goals as well. An analogy to the Predominance Test already exists in redistricting; courts ask a predominance question when adjudicating allegations
AN ASSESSMENT OF MUNICIPAL ANNEXATION IN GEORGIA AND THE UNITED STATES: A SEARCH FOR POLICY GUIDANCE 68-69 (2002), available at http
the practical effect of such an approach is akin to holding that the challenged state action is not a search or seizure at all, as the Fourth
1253 Our analysis points to a broad agenda for both academics and enforcers. There is an extensive academic literature about the adoption and
concept of anti-rulification rules and offering a preliminary appraisal of their advantages and disadvantages, this Article aims to contribute to at
among the three alternatives and thus rank p over o, reversing the ranking that applies in the absence of l as a feasible alternative. Following the
more intellectually honest as a matter of constitutional interpretation. There is, after all, an explicit right to a trial and not to a plea. See