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ADMINISTRATIVE PROCESS 1 (1938). 7. Id. 8. Id. at 2. 9. Since the late 1930s, the nondelegation doctrine in the United States has largely served as a
27. See Alvin K. Hellerstein et al., Managerial Judging: The 9/11 Responders’ Tort Litigation, 98 COR- NELL L. REV. 127, 177 (2012) (“For those who
at 3-4, 9-10, 63-64; Black Lives Matter, INFLUENCE WATCH, https://www.influencewatch.org/movement/black-lives-matter [https://perma.cc/9YZP -37DM
percent of pending civil cases.9 Now, that figure has swelled to 37 percent, and mass-tort MDLs, the site of Lone Pine ac- tivity, comprise a staggering
EVID. 501. 108. 518 U.S. 1 (1996). 109. Id. at 9. 110. Id. at 12-13. 111. Michael Steven Green, Erie’s Suppressed Premise, 95 MINN. L. REV. 1111
… James Bradley Thayer, A Preliminary Treatise on Evidence at the Common Law 94-95 (1898); Oldham, supra note 9, at 173-76. Oldham does, however, note
court cases involving criminal defendants seeking access to content covered by the SCA.98 96. Id. § 2702(b)(6)-(9). 97. See id. § 2703. 98. To
settle the matter.”). 88. CLARK, supra note 56, at 76. 89. 239 U.S. 3 (1915). 90. Id. at 9-10. 91. Id. at 10 (quoting Act of Feb. 20, 1907, ch. 1134
TROUBLED BEGINNINGS OF THE MODERN STATE, 1888-1910, at 9-12, 394-95 (1993). 6. FISS, supra note 4, at 1. 7. Id at 3. 8. Id. brief lives 1641 of
note 9, at 1689. Elsewhere, however, the First Circuit has made clear—in its earl… Many of the arguments in this Part apply equally to discrimination