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that the action chosen appeared to the agent preferable to the alternatives available at the time does not tell us much.”). 125. See, e.g., Nancy A
closely with judicial power, is concerned). Thomas C. Arthur and Daniel A. Crane also identify the onset of judicial lawmaking power in antitrust as an
with no English abilities are protected under Sandoval, a sliding scale approach takes one step forward and applies Title VI to foreign-born and
judicial activism, and a concomitant desire to appeal to authorities commonly perceived as objective, then what explains the more modest rise in circuit
with their ability to craft a narrative about themselves and to live it out as they wish. See id. at 2283; see also James D. Nelson,Corporations, Unions
1969) (“We must reject a narrow construction that appellees would give to § 5. The Voting Rights Act was aimed at the subtle, as well as the obvious
only about forswearing arbitrary inferences, as the ADA imagines, or about equitable distribution, as many bioethicists seem to suppose, but are also a
aspects of the pro- voter approach: assuring that all eligible voters will easily be able to cast a ballot, that votes are equally weighted, and that
always look at such challenges in a state-protective way. In 1968, the Court assured Alabama Governor George Wallace’s access to the Ohio ballot as an
highly disruptive, judges may grant authorities leeway to depart from aspects of the rule. For example, a judge might allow an authority to warn and