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United States v. Singh Sidhu et al., No. 18-mj-20132 et al. (S.D. Cal. July 16, 2018) (same); Transcript of New Com- plaints Calendar at 40-41, 62-68
neverthe- less substantial harms, suggesting that doctrine should be recalibrated to do a better instrumental job. 40 Other tort theorists eschew the
time and punishment 547 ters direct experience.40 It is particularly fruitful in the family regulation con- text, where case law provides only limited
Administrative Law, supra note 40; and The Oxford Handbook of Comparative Administrative Law, supra note 206. 402. For notable exceptions, see generally
works that resist this trend). 39. SeeWashington, supra note 27, at 1099-1102. time and punishment 547 ters direct experience.40 It is particularly
employment action and the many employees who suffered no such fate.”39 Of course, an inference is a logical determination from known facts,40 not a
decisions. See id. at 735-40; see also Nina A. Mendelson, Disclosing ‘Political’ Oversight of Agency Decision Making, 108 MICH. L. REV. 1127, 1163-77 (2010
our intention to ‘encounter the Holy through Gospel-inspired service, working side by side with our sisters and brothers in the wider commu- nity.’”40
Michael Stokes Paulsen, The Emancipation Proclamation and the Commander in Chief Power, 40 GA. L. REV. 807 (2006) [hereinafter Paulsen, The Emancipation
yale law journal 120: 159 0 2 011 1606 simple device of defining the characteristics of the hypothetical man.”40 This circularity can be