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the peculiar tradition of French hostility to the power of the parlements, the proudly ‘sovereign’ courts of the nobility of the robe.9 The 18th century
Mich. L. Rev. 213, 247-48 (1991); cf. Siegel, supra note 9 (also noting Brown’s ambiguity, but identifying a number of broader possible understandings
Sanitized Workplace, supra note 8, at 2087-9… Schultz’s work is replete with examples. See Schultz, Sanitized Workplace, supra note 8, at 2087-90. For a
18 THE YALE LAW JOURNAL FORUM A U G U S T 7 , 2 0 1 9 The Predominance Test: A Judicially Manageable Compactness Standard for
“‘[w]riting the book, the doing of it, forced me to work through and find the coherence’” in his opinions). 6. BREYER, supra note 1, at 6, 7, 9, 11
productive areas.8 Schleicher argues for policymakers to be more mindful of the ways in which law may distort labor markets by impeding mobility.9
; Duffy, supra note 32, at 16-9 to -10; Adrienne L. Hiegel, Sexual Exclusions: The Ameri- cans with Disabilities Act as Moral Code, 94 COLUM. L. REV. 1451
—deemed “detrimental to the in- terests of the United States.”9 This was an exclusion of unprecedented breadth. EO-1 also directed the Secretary of
pieces discuss how the gig economy figures into conven- tional labor-law topics like collective bargaining,9 arbitration practices,10 and tax
than nurture, collective action.”9 Ultimately, the legal strategies of impact litigation and “collaborative law- yering” alone were not able to