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limits, commenters presciently suggest that litigation might undermine the agency’s rationale for those limits, and the agency ignores them. Then there’s
enough to say that “the only thing which stands between them and being forced to render criminal account of their marital privacy is the whim of
theoretical explanations of the effect. According to “self-determination” theorists, individuals who are extrinsically motivated experience their actions
their clients’ expressed wishes. Granted, some of these tactics may produce just or therapeutic outcomes; however, the subversive nature of this
ratification debate and then gradually declined as the country returned to a period of normal politics. These findings buttress Ackerman’s cyclic theory
these interests are so paramount, the theory goes, a state may criminalize acts that threaten them, wherever they may occur.57 For as long as
because the plaintiff lacks a comparator. But under the current comparator regime, these cases, and the theories on which they rely, do not even get
historical tradition—to bring the outcomes of these cases in line with their own understandings of equality. But making equality determinations in the dark
“intend[ed] to give the Commission the flexibility to determine whether or not the enforcement of these provisions [was] necessary, in light of their
even the staunchest rational choice theorist thinks that judges vote primarily for what will promote their personal benefit. And even if they did