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likely would. A third indirect method of making the benefit less attractive without affecting its nominal value is to constrain its use. At a minimum
Monopoly is self-destructive. Monopoly prices eventually attract entry.’” (quoting Easterbrook, supra note 10, at 2)). 14. 509 U.S. 209 (1993). the
through the “doctrine of discovery” at first contact. According to the doctrine, American Indians retained only “Indian title”—the right of occupancy and
parties, including potential acquirers or investors, and thereby impede socially efficient business transactions, while at the same time diminishing
States, 561 U.S. 358, 409-10 (2010). 138. See NAT’L ASS’N OF ATT’YS GEN., supra note 122, at 366-81 (compiling state statutes). guaranteeing honesty
from exploiting the mo- nopoly power they gain as a result of the standard. authors. A. Douglas Melamed is Professor of the Practice of Law at
Family & Life Advocates, 138 S. Ct. at 2374-75 (discussing content neutrality). 471 U.S. 626 (1985) (upholding certain restrictions on attorney
Constitution, supra note 23, at 139-40 (“It is hard to fault the result in Dames & Moore, given the crisis atmosphere that surrounded its decision and
only allow the public to make informed consumer choices, but also mitigate the dignity-depleting impact of discrimination at the point of sale. The
But its emphasis on Hamdan’s right to see the evidence against him, and to attend the trial, suggest 177. Hamdan, 126 S. Ct. at 2780 (plurality