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avoid both the burden of the suits themselves and the inevitable political fallout that they now know will come if they maintain their existing
mercury pollution.3 Moreover, if these plants were subject to the same federal technology requirements imposed on their new source counterparts, their
contract law denies them. The existence of these terms is evidence that effective duties to cooperate are not only useful in theory, but sought-after
—in a clear reference to the ATS—that there was “no doubt that the company or individuals who have been injured by these acts of hostility have a
—have now published a reply.2 We appreciate their taking the time to engage with these issues, and also appreciate the Commission’s longstanding
these incidents and the tensions they produced “did not stem from mere lawlessness” or “any malevolent desire.” “Rather, the source of the trouble
statutes, or whether they bind the parties un- less there is mutual consent to amend, as do contracts. Courts have engaged with each of these puzzles
have a due process right to receive meaningful procedural protections, including notice of their status and a fair hearing. The Note then proposes
with their causation theories . . . . Our problem is we need our rights, let them do the research if they are so concerned about it. We shouldn’t
light of the fundamental conflict between these discrimination suits and Rule 404. After analyzing the purposes behind Rule 404, this Part then