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This essay is part of a collection Responses to Leo E. Strine, Jr., i Who Bleeds When the Wolves Bite? /i This collection is a response to Judge
reduced by their trading partners’ bargaining lever- age. 66 Or firms may use their leverage to extract contractual terms that further reduce
a federal judicial remedy for violations by private actors lest they lead to “serious” international affairs consequences for the young nation. Thus
—Judge Learned Hand The fox knows many things, but the hedgehog knows one big thing. —Archilochus Over the last twenty-five years, legal scholars
Levels If an author or recipient has multiple organizational levels that are relevant (e.g., Leslie Caldwell, Assistant Attorney General, Criminal
LETTOW LERNER & BRUCE P. SMITH, HISTORY OF THE COMMON LAW: THE DEVELOPMENT OF ANGLO-AMERICAN LEGAL INSTITUTIONS 224-27 (2009) [hereinafter LANGBEIN
process make it a superior framework, at least for the most vexing mass-tort cases.” This debate is far from academic alone. As we write, legal
should heed the Miranda rules if they have a legal obligation to do so or if compliance furthers legitimate objectives related to the investigation
diseases and authorized the use of condoms for preventing disease. Following the federal government’s lead, the Massachusetts high court crafted an
overlooked the viable alternative of launching legislative and constitutional challenges.14 While defamation law functions as a legitimate governmental