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671; and then quoting Brooke Grp. Ltd. v. Brown & Williamson Tobacco Corp., 509 U.S. 209, 226 (1993)). the easterbrook theorem 629 Easterbrook’s
they don robes, they understand what the lawyers who will appear before them expect, and their status within the professional milieu depends on
Journal [Vol. 112: 145 These proposals are the latest variation on an old theme.5 Reorganizations have long served as politicians’ tool of choice
seeking to new levels. Quite often, even committee chairs had no idea what was in the bills they jammed through their panels. These trends derived
over the last several decades by social psychologists, criminologists, and legal theorists. As a result, there is now a rich body of theoretical and
vocations of national security by the Trump Administration, these new security claims may be both wide-ranging in their effects and difficult to reject out
security by the Trump Administration, these new security claims may be both wide-ranging in their effects and difficult to reject out of hand. In
logistically necessary delegate of the public, tasked to effectuate public preferences, but it is still those preferences that control. By theorizing these
discrimination. We first articulate this theory, which assumes that there is an incentive for employers to pursue homogeneity, and then discuss the theoretical
agreed that it did not cover any statute conceiva- bly related to the sale and marketing of these products.4 They attempted to fash- ion criteria that a