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suggestions on earlier drafts of this essay, and thanks Chip Lupu, Tejinder Singh, and Bob Tuttle for especially illuminating conversations. Preferred
more, expanding on his doubts about modern public rights doctrine. This Essay proceeds in two parts. Part I summarizes Justice Thomas’s six opinions
Ricans in the House might even stand on firmer constitutional ground than H.R. 1433. Here, in this Pocket Part Essay, I briefly sketch my Comment’s
What the Efficient Performance Hypothesis Means for Contracts Scholarship | Yale Law Journal What the Efficient Performance Hypothesis Means for Contracts Scholarship The standard
I of this Essay suggests that the Court is driven by a concern that statutory interpretations criminalizing “normal” political activity would not
but they can also be exclusionary and stubbornly unwilling to account for the external consequences of local decision-making. This Essay proposes a
Essay’s second contribution is to identify several such gaps and suggest how lawmakers might address them. The Essay proceeds as follows. In Part I, I
denial violated the “neutrality the Establishment Clause requires.” Concurring, Justice Thomas sought support for the Court’s conclusion in the
the freedom of establishment guaranteed by the Treaty, save where abuse is established on a case-by-case basis.”); Case C-208/00, Überseering BV v
The Continuum of Excludability and the Limits of Patents | Yale Law Journal