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Turkish ship. A ship flying the Turkish flag, the court held, fell under the territorial jurisdiction of Turkey.40 Yet, in coming to this conclusion, the
their interests, and sort out their conflicts, through industry associations and cartels.40 The later nineteenth century also saw the rise of the
commercial activity of the foreign state else- where and that act causes a direct effect in the United States . . . .40 To fall within the commercial
workforce and discourag[ed] European nations . . . from siding with the Confederacy.”40 The order also made it possible for the Union to ultimately
219 U.S. 219 (1911). 36. 235 U.S. 133 (1914). 37. KLARMAN, supra note 5, at 61. 38. 235 U.S. 151, 161-62 (1914). 39. 238 U.S. 347 (1915). 40
principle—frame most discussions of risk regulation.40 It should be emphasized at the outset of this Subsection that the debate between the
policies from private compa- nies. 39 Most working-age Americans with health insurance have employer-pro- vided plans. 40 The rest can purchase health
United States government was at stake,40 despite only vague or ambiguous evidence of Con- gress’s intent, such as “scatter[ed]” non-American Indian
sixteen black Democrats, and seventy-one white Republicans (and one Independent). Black & Black, supra note 40, at 13; see also Pildes, The Politics of
1917 (1999); Michael J. Gerhardt, Ackermania: The Quest for a Common Law of Higher Lawmaking, 40 WM. & MARY L. REV. 1731, 1733 nn.12 & 13 (reviewing