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interpreted it to allow busing as a remedy for de jure segregation.40 Congress also passed legislation that was more effective, though less publicized
and capricious,”40 but this standard is very difficult to prove, and courts are not required to vacate awards in these cases. Although this lack of
that Instagram posts and yard signs cannot.40 Sometimes, even just the presence of a marginal- ized actor in a majority-dominated location can serve
result in caste-like social structures, leading to wholesale disad- vantages or constrained opportunities based on identity.40 This Article proceeds
note 26 and accompanying text. 40. See supra note 17. 41. See, e.g., Arias v. ICE, No. 07-1959, 2008 U.S. Dist. LEXIS 34072, at *17-19 (D. Minn
FEDERALIST NOS. 40- 41, 45 (James Madison). But all this stands in tension with the Beardian and neo-Beardian view that still prevails in many modern
Vincent, Unmarried Fathers and the Mores: “Sexual Exploiter” as an Ex Post Facto Label, 25 Am. Soc. Rev. 40, 40 (1960). See, e.g., Reuben Pannor et al
Evidence from Going Concern Audit Opinions, 40 J. ACCT. RES. 1247 (2002); Michael J. Ferguson et al., Nonaudit Services and Earnings Management: U.K
also Steven L. Winter, The Metaphor of Standing and the Problem of Self-Governance, 40 Stan. L. Rev. 1371, 1371 (1988) (“It is almost de rigueur for
Williams-Yulee v. Florida Bar, 135 S. Ct. 1656 (2015), 129 Harv. L. Rev. 231, 239-40 (2015). See Richard L. Hasen, Election Law’s Path in the Roberts