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Practice—Speeches and Writings, 1990-1996, at 91 (Paul Wilson et al. trans., Alfred A. Knopf 1997). Henry Steele Commager, The American Mind: An
Supreme Court will soon hear a chal- lenge to the tactic. See AG Nessel Asks Michigan Supreme Court to Weigh in on Adopt and Amend, MICH. DEP’T ATT’Y
advocates’ control. Decisions about where to sue, what claims to assert, and whether to appeal adverse judg- ments can expand or limit a lawsuit’s reach—win
contain any reference to assets at all. The “structure-based definition,” as I am proposing it, is actually a joint test of both assets and structure
74 These checks play a key role in maintaining divisions of authority, as they allow agencies to resist aggrandizement and encroachment by their
administrative actors and thwart congressional intent as em- bodied in agencies’ authorizing statutes.4 As a result, some argue that Presidents 1. See Elena Kagan
Hunt ed., 1922) (“[A]fter . . . unanimous accession . . . [the amendment] shall be considered as forming a mutual compact among all the states, and
plaintiffs. We were as diverse, outspoken, and quarrelsome a group as any. Order, or at least the appearance of order, was maintained by our lawyer
’ method. A range of critiques has been levied at new textualism. Not least, it has been accused of seeking to achieve impossible goals. After all
quickly to the author’s original argument and analysis. Second, a Note should be directed at a broad legal audience, not at a single professor. Notes