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current model’s focus on accuracy. Under a distributive justice framework, many of the analytical com- plications discussed above fall away, and an
that the power to establish a corporation is “assumed as an incident to the principal power” of territorial governance); id. at 388 (arguing that the
of a Fourteenth Amendment analysis of an affirmative action admissions program). Cf. id. at 158 (“The institutional framework, traditions, and
hostility to abortion, even as they claimed a health-protective purpose. Shortly after the Texas admitting privileges and ambulatory surgical center
In fact, a large class action lawsuit was brought against First Advantage for precisely this reason. After being denied an apartment, the
Discrimination At a time when many urban areas in America are experiencing an affordable- housing shortage,128 familial-status discrimination exacerbates the
attracted to a positive-law model.”), with id. at 939-40, 945 (noting substantial variation among jurisdic- tions in the application of search-and
broke from custom and engaged in a middecade redistricting, undoing the court-approved apportionment already in place.40 Although public attention
443798, at *1 (N.D. Ind. Aug. 23, 2016) (holding that stating that one’s “genetics are African American” does not bring a plaintiff within GINA’s ambit
approach. A range of modern scholars, such as Charles Black, John Hart Ely, Laurence Tribe, Akhil Amar, and Vicki Jackson,407 have argued against