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Paul’s conduct and their legal exposure. The company, in turn, provided the letter to their outside counsel. Outside counsel immediately recognized the
courtroom. Further, the Black students in question were left more or less on the sidelines of these legal challenges. These were legal failures with little
wary of leaving Erie conflicts questions to the unguided instincts of individual courts. The Supreme Court’s—let alone lower courts’—track record in
California Gould School of Law. I am grateful for comments on various drafts from Gillian Hadfield, Daniel Klerman, Mark Lemley, Jack Lerner, Shmuel
interpretation and appli- cation are less so. Legal scholars have, for the last decade, debated where regu- lators should draw the line between permissible
political. The conception of the market as a “spontaneous order” is a useful con- struct for defenders of the status quo because it lends legitimacy to the
recognized “objective indicator” of “evolving standards of decency” in at least three ways. First, if the shift is strong enough, it may lead to legislative
new legislation to restore Fourth Amendment protections to our “private papers” now kept in digital form. I. why we have the fourth amendment No less
curative legislation: the Lilly Ledbetter Fair Pay Act. Lilly Ledbetter’s case illustrates what I mean when I say that the Court is sometimes
down imitation costs, see Dan L. Burk &Mark A. Lemley, Policy Levers in Patent Law, 89 Va. L. Rev. 1575, 1616-17 (2003); Jaffe & Lerner, supra note 2