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Sanctions | Yale Law Journal

source of great leverage, making it more critical for judges to insist on tailored and specific discovery requests. A third factor that may lead to

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and those same lenders lost faith in Lehman’s ability to repay, Lehman’s funding dried up. Its counterparties refused to roll over short-term loans

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might lead to the perception of a stratified legal system.35 Only the poor and the middle class would have a stake in the public courts, while the

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“learn” quickly that serious legal thought in areas such as contracts and property prizes a certain version of efficiency over all else. Meanwhile

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negotiation with the promisee because she thought the contract would be deemed legally unassignable. This, he continues, would lead to the same

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has largely been ignored by legal writers. A notable exception is Saul Levmore, Conjunction and Aggregation, 99 MICH. L. REV. 723 (2001). Levmore’s

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its consequences for a lawyer’s integrity At one level, Chapter 9 of A Modern Legal Ethics is the best documented and the least controversial

Breaking with Custom | Yale Law Journal

lead to uncertainty and unprincipled decisionmaking . . . .” As a result, courts should not look past the clear language of applicable statutes

Beyond Diversification: The Pervasive Problem of Excessive Fees and Dominated Funds in 401(k) Plans | Yale Law Journal

poor options, like the Braden menu, may be legally deficient, a menu that offers at least some good options, like the Hecker menu, will much more

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green energy technologies. Id. at 294-302. 25. See Dan L. Burk & Mark A. Lemley, Policy Levers in Patent Law, 89 VA. L. REV. 1575, 1589 & n.37 (2003