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implementing an equality-metrics program if their peers are not engaged in similar efforts. If one firm takes an empirically-driven assessment of its
benefit from it. . . . Utilitarian principles might militate against prioritizing care for the disadvantaged in an emergency if such individuals would
architecture of market power in the modern economy. We cannot cognize the potential harms to competition posed by Amazon’s dominance if we measure
from the Roberts Court makes sense on its own terms. If anything, both the Court’s critics and its defenders seem to agree that recent administrative
and Auer for “purpose of precedent,” it is not difficult to imagine Congress taking that next step—especially if courts resist the clear purpose of the
before.” To be sure, the opportunities for questioning that voir dire provides might mitigate this effect: if attorneys can learn more about
that voir dire provides might mitigate this effect: if attorneys can learn more about potential jurors, they can base their challenges on “beliefs
doctrine would subject a firm to antitrust liability just for being a monopolist, even if it did not engage in any anticompetitive misconduct. However
the litigants who appear before him, and if he deliberately conceals material information from them he is guilty of fraud. B. Demoralization Step Two