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a civil case.”). 130. See ABA COMMISSION, supra note 41, at 23 (“In an arm’s-length transaction, however, these fiduciary considerations are absent
note 41, at 23 (“In an arm’s-length transaction, however, these fiduciary considerations are absent. There would seem to be no reason, as a matter of
& Gordon, supra note 14, at 2149 (citing a “well-settled proposition . . . [that] when an improperly constituted authority takes action against someone
use of racially derogatory epithets and his practice of giving the African American officers discriminatory assignments (such as assigning a female
effectively in any amount of time. For details, see infra Appendix A.1 and Figure A5. × Chen & Stephanopoulos, supra note 5, at 882. Also “a modified
capitalization exceeding $100 billion; and if, as a result of the acquisi- tion, the acquiring firm would hold an aggregate of voting securities and
established at least a partially elective judiciary.345 Almost all of the states that adopted an elective judiciary in this period also adopted Rylands
after Casey that “[i]t’s a major loss to have a fundamental right to abortion upheld by the court”), and Fritz, supra (quoting Randall Terry, an anti
to legislative bargains and arguing that “[i]nterpretive principles . . . are an integral part of the coalitional agreement about a statute”). 290
his opinions are arguments to the public, not a scholar’s writings. He is one of the Court’s most active (and wittiest) participants at oral argument