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who conducts a search in reliance on binding appellate precedent does no more than ‘ac[t] as a reasonable officer would and should act.’” 91 As a
political act involving not just a worker and an employer, but also a union, an industry as a whole, and the state,” then union advocacy is a political
will always fail to take into account some aspect of a real crisis. 115. As I have argued elsewhere, I am not sure how many states would actually be
327-28 (1982) (arguing against a general rule barring “the import of all art objects whose export was itself not legally authorized”). In addition
to use all “necessary and appropriate force”36 against nations, groups, and persons involved in the September 11, 2001, attacks complied with a
American constitutionalism. But it is not. Instead, it emerged from a revanchist reaction to Reconstruction. As an ascendent white South violently returned
against the thrust of American antidiscrimination law and may account for its weaker entrenchment. In short, workplace enforcement provisions are a part
saved at Gap: A Nonparametric Approach, 97 J. AM. STAT. ASS’N. 663, 672 (2001) (using a nonpara- metric approach to find that income alone accounts
Ninth Circuit precedents holding that a state university is an arm of the state). 30. Answer of Defendants to Plaintiffs’ Second Amended Complaint at
111. See also AKHIL REED AMAR, AMERICA’S UNWRITTEN CONSTITUTION 82-86 (2012) (arguing that the “Fourteenth Amendment pivoted on a fresh