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anything, they are likely worse. Because, as we argue, activists have a higher risk of mistargeting—mistakenly shaking things up at firms that only ap- pear
First Amendment protected her right to shield a source. See Gregg, supra note 23, at 384 (quoting the Alexandria Gazette and Virginia Advertiser as
loss. “ Responsibility” entails, at a minimum, actual causation. If the victim’s action succeeds, she is awarded a judgment against some or all of the
removal protections are at issue, Collins demands more than a showing of unconstitutionality in the abstract. And, as noted above, allowing a
claim that the debtor is desperate for cash and will collapse if a proposed loan is not approved; in the absence of an alternative source of funds
the analysis in Grutter was that the admissions pro- gram at issue there focused on each applicant as an individual, and not simply as a member of
likely to have greater epistemic authority in this area.”75 Hence, judges may also treat expertise as a reason to accord greater legal author- ity to
fact that an anti-deception approach might curtail SOCE without attracting large amounts of public attention may in fact make it a more appealing
other administrators for a religious reason, a nonreligious reason, or no reason at all. It remains the case that “the authority to select and control