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rival could offer that would have somewhat less coverage at a slightly better rate, and that would attract all the Strongs from the pooled policy
power and state-local relations, has returned to the center of national attention, driven by gridlock at the federal level and sharply rising political
their lives. Increasingly, organizers have gone on the offensive, focusing attention on the less obvious but equally nefarious harms at the ends of the
editing this Note, as well as Professor John Langbein, Bharat Ramamurti, and Josh Hafetz. I would also like to thank the attorneys and staff at the U.S
plaintiffs are not attempting to identify why the defendants discriminated in the action at issue. They are not suggesting, for example, that the
omitted)); id. at 2505 (“Although § 5(C) attempts to achieve one of the same goals as federal law—the deterrence of unlawful employment—it involves a
malapportionment reform are already attempting to tie prison- 19. Id. at 558 (quoting Gray v. Sanders, 372 U.S. 368, 381 (1963)). 20. Id. at 568-69. Such a
Although at times Justice Scalia achieved remarkable jurisprudential success—especially in statutory interpretation—on other occasions, often in
was being used to transfer value to employees at the expense of secured creditors. See infra Section I.B. This assertion is atypical for 363 sales
The financial plumbing of Chapter 11 is at the heart of the problem. For example, so long as a lender to a bankrupt company can dictate by contract how