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percent of pending civil cases.9 Now, that figure has swelled to 37 percent, and mass-tort MDLs, the site of Lone Pine ac- tivity, comprise a staggering
subdivided into affirmative and negative. 2 AMERICAN LAW OF PROPERTY, supra note 26, § 9.35, at 436-37; 9 POWELL, supra note 2, § 60.06[1], at 60-95
Collection and Performance Measurement Could Improve Effectiveness 9 fig.3 (2009) (mapping checkpoints in the southwestern United States). Roughly
ADMINISTRATIVE PROCESS 1 (1938). 7. Id. 8. Id. at 2. 9. Since the late 1930s, the nondelegation doctrine in the United States has largely served as a
27. See Alvin K. Hellerstein et al., Managerial Judging: The 9/11 Responders’ Tort Litigation, 98 COR- NELL L. REV. 127, 177 (2012) (“For those who
at 3-4, 9-10, 63-64; Black Lives Matter, INFLUENCE WATCH, https://www.influencewatch.org/movement/black-lives-matter [https://perma.cc/9YZP -37DM
EVID. 501. 108. 518 U.S. 1 (1996). 109. Id. at 9. 110. Id. at 12-13. 111. Michael Steven Green, Erie’s Suppressed Premise, 95 MINN. L. REV. 1111
Gerhardsen, IP Issues May Go to ‘Higher Political Level’ in Copenhagen amid Difficulties, INTELL. PROP. WATCH, Dec. 9, 2009, http://www.ip-watch.org
testified before the grand jury.”9 Sometime after Huppert testified before the grand jury, he was transferred from gang crime to frauds and forgeries, a
not always followed these lenity-displacing statutes. Rather, most state supreme courts seem to be invoking lenity when it suits their fancy.9 In