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an “MAE” or of “the ordi- nary course of business.” These terms simply mean whatever the parties say in their merger agreement that they mean. To
powers, and so on are what they are.16 An example of the sort of thesis that could be part of a theory of law is the thesis that the content of
seemingly novel elements themselves have a history—and a life outside the courts. They are linked to an important set of sharply contested claims about
context of the broader legal culture of their time. Part IV connects these insights to contemporary theoretical debates. As this Article explains, the
other and help to place them in the context of the broader legal culture of their time. Part IV connects these insights to contemporary theoretical
habeas review. There, the Court noted that “[t]o grant the writ to these prisoners might mean that our army must transport them across the seas for
flourish in their own ways, yet equally with other citizens.” 256 These theories, of course, raise parallel questions about the desirability of framing
given to them in every court within the United States, as they have by law or usage in the courts of the state” of their origin.3 Before the
for these limits—and hence what is lost when they are exceeded. Why are there limits on the President’s authority over international lawmaking? One