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have been raised by the parties.”); Brubaker, supra note 3, at 996 n.130 (acknowl- edging that “non-debtor releases raise serious constitutional
Ellickson, Norms of the Household, in NORMS AND THE LAW 59 (John N. Drobak ed., 2006). 2. Much of the analysis to be offered here could be applied to
Laboratories of Statutory Interpretation: Methodological Consensus and the New Modified Textualism, 119 YALE L.J. 1750, 1847 n.363 (2010) (noting that
referendum); supra note 169 (quoting Noerr). 172. 456 U.S. 45, 56 & n.7 (1982) (citing THE FEDERALIST No. 10 (J. Madison)); see Noerr, 365 U.S. at
Authority), with Barnes v. Metro. Hous. Assis- tance Program, 679 N.E.2d 545, 547 & 547 n.3 (Mass. 1997) (finding that tenants were not third-party
supra note 15, at 215 n.18. 125. HERBERT S. MILLER ET AL., U.S. DEP’T OF JUSTICE, NAT’L INST. OF LAW ENF’T & CRIMINAL JUSTICE, PLEA BARGAINING IN
to change specifications of relative deprivation” and that “[n]o one knows how to engineer such changes in less extreme situations
note 48, at § 1.4.2 n.21. The sale orders were entered between 2… In Lionel, the advocates of the sale presented no evidence of its need for speed other
REV. 657, 708 n.167 (2011) (“What counts as an interpretation of the con- stitutional text as opposed to a nontextual norm or convention depends on
Newman, supra note 7, at 1512 n.90 (noting that Alcoa’s website touts its modest beginnings thus: “Working with his sister Julia in a shed attached