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standards possess, this is, after all, an artifact of existing lawyering norms. My analysis, at the very minimum, suggests a possible state of affairs
avenues of reform). 10. Melissa B. Jacoby, Bankruptcy à la Carte: An Autopsy 6-7 (unpublished manuscript) (on file with author). 11. U.S. CONST. art
probability that people act negligently as a general matter, absent any evidence. This number is almost certainly small and, at a minimum, is much smaller
also consider how the mandatory punitive-damages-only class action, which amasses all punitive damages claims against a defendant to be assessed in a
allowed simply to ask, as Williston did and Lew- insohn cites with apparent approval, “Why not? . . . I don’t see why a man should not be able to make
Court, a person’s trait can affect advocacy of an asso- ciation’s message. As compared to private remedial action and a granting charity like the Fear
that it is unconstitutional for a judge to effectively have two appointments—as a federal court of appeals judge and as an Associate Justice on the
which automatically gave a debtor’s first major lender a blanket lien to all current and after-acquired assets might provide an efficient form of
a novel monoclonal-anti- body assay to detect an antigen of a hepatitis virus.159 Because structurally char- acterizing antibodies was at that time