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1804); Bas v. Tingy, 4 U.S. (4 Dall.) 37, 40-41, 43, 45 (1800). the yale law journal 123:1626 2014 1636 Commander-in-Chief of the armed
unless it “clearly specif[ies] . . . the exact manner of calculating benefits” in accordance with the ERISA statute.40 In one case that found its way to
Athletica, 580 U.S. at 422-23 (majority opinion); id. at 425-27 (Ginsburg, J., concurring); id. at 439-40 (Breyer, J., dissenting) (discussing
Equality of Welfare, 10 PHIL. & PUB. AFF. 185, 228-40 (1981) (this article appears in substantially unaltered form in DWORKIN, supra note 5, at 11-64
and mis- ogynistic man with a “nasty temperament,” while at the same time acknowl- edging that the Justice was more complex than those labels. 40
present day[] consequences,”40 and are shut out from political power at the federal level. Based on their presumptive subjugation and political
and Halperin Although the mosaic theory of intelligence gathering had existed in the national security community for some time,40 its first—and still
kind of two-party political system in the South that the rest of the country had throughout the twentieth century.40 In my view, the racial
Locke’s argument, however, has been his support for private property in chapter 5 of the Second Treatise. 2. See THE FEDERALIST NO. 43, at 239-40
Hirschman, Exit, Voice, and Loyalty: Responses to Decline in Firms, Organizations, and States 40 (1970); Anna Stansbury, Do US Firms Have an