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adjustment with a majority of its creditors,” as Congressman Mark Wilcox, the author of and leading advocate for a municipal bankruptcy law, put it
systems of which our legal system is a member—and perhaps of all legal systems—that there are always reasons why a particular aspect of the practice
hearing of a litigant’s claim on the merits” against “the desire to achieve finality in litigation.” 11 Charles Alan Wright et al., Federal Practice and
been missed by leading accounts. A. Allocative Efficiency An allocatively efficient negligence rule minimizes the total social cost of accidents
25 If the condemnation is approved, a three-judge panel assesses the appropriate damages and compensation, and once that amount has either been
or adjacent to any of the Real Properties, except for (a) in an aggregate amount up to [$X], (b) maintenance and repair expenditures at existing
adjacent to any of the Real Properties, except for (a) in an aggregate amount up to [$X], (b) maintenance and repair expenditures at existing
can even answer the kinds of questions that Katz asks better than the Katz test itself. As an early advocate of a positive-law approach argued, [T]he
such a hearing the prosecutor must act as both an advocate and a witness. This dual role may appear to conflict with Rule 3.7 of the Model Rules of
example of a conscience-based claim for an exemption. Another apparent wedge between Janus and accommodation cases might arise from the fact that