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ernmental powers of the State as may be entrusted to them. For the purpose of executing these powers properly and efficiently they usually are given
analyzes their practical conse- quences and the theoretical challenges they could pose to the doctrinal puzzle described in this Article. The purpose of
therefore depends on identifying these “reasons” and allowing them to inform both the liability structure and the remedial choice thereafter. In
punishes counsel for handling these cases correctly and rewards them only if they take every case to trial without adequate preparation or the
evaluate the sensibility of these interests and measure the extent to which qualified immunity advances them. Until then, we are left with the
day.” These cases did not emerge in a vacuum and do not reflect the full range of American legal history. Rather, they come from a time, place, and
they conduct, or the sources of their data, and to solicit public comment and feedback on their CBA analyses (as under the APA). CBA process laws can
they do not take time to talk to others who do not work for them, who often lack the information the leaders have or do not share their views. Over
VFAG] (“[W]hen the first-best policy option is unavailable, then normative legal theorists should consider second-best solutions.”). 36. I do not take
allegation, however: that the Bell companies had agreed among themselves to exclude competitive new entrants in their territories.74 Here, the