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BERKELEY TECH. L.J. 711 (2010); Kimberly A. Moore, Markman Eight Years Later: Is Claim Construction More Predictable?, 9 LEWIS & CLARK L. REV. 231 (2005
57 AM 1154 The Yale Law Journal [Vol. 113: 1153 sex.9 But the same point can be made by citing a large historical literature, which shows how
Surrey noted in his tax expenditures analysis, virtually any program can be implemented in at least two ways.9 It can be implemented through a direct
the Deferred Action for Childhood Arrivals (DACA) policy.9 Read closely and in context, I will argue, Regents re- flects an overriding concern to ensure
164. See, e.g., Bank of the U.S. v. Planters’ Bank of Ga., 22 U.S. (9 Wheat.) 904 (1824) (suit by federal entity upon nonfederal claim). 165
supra note 58, at 4-9. 96. See id. at 12; Amy Goldstein, States’ Budget Woes Fuel Medicaid Cuts, WASH. POST, Oct. 11, 2002, at A1 (quoting
Connecticut between 1789 and 1836 adopted a voting cap). But see Ratner, supra note 10, at 9 (arguing that “there is no real indication that any
contract dispute, a federal court might apply foreign substantive law pursuant to an international agreement’s choice-of-law clause.9 In the realm of
9 C. DEVELOPING IDEAS INTO SCHOLARSHIP
perfectly clear than that their acts are only politically examinable.”9 One quintessential area of presidential discretion is the appointment of