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heightened scrutiny standard of review, the Holder letter observed that the legislative record strongly suggested that “moral disapproval” and “animus” had
devices like lead times, fame, and academic tenure, but this tells us little about whether the incentives should take the form of regulating specific
lower grades in a higher-tier school even if she learned the same amount. Moreover, the fact that law school GPA is the variable with the biggest effect
occasionally leveled at scholarly contributions in critical legal studies, critical race theory, feminist legal theory, queer theory, and the like. In many
advocate”: an attorney either has to have presented at least five oral arguments before the Court or be affiliated with a practice whose current members have
and other features of the legal system 814 A. Enforcement Effort 815 B. Sanctions 819 1. Level 819 2. Nonmonetary Sanctions 822 C. Accuracy 825
punishments of individuals and entities.28 At least in the context of regulatory offenses, where the optimal level of deterrence is often less than maximal
flexibly adapt to variations could actually lead to bad outcomes. Another is defense spending, which is expensive and less predictable and where the
uniquely negotiated and operated at a level that is removed from both local legislators and from the residents they represent. These related values
“micro” level, to maintain their legitimacy all democratic governments must adhere to some form of social contract with their individual constituents