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See Vinson v. Thomas, 288 F.3d 1145, 1156 (9th Cir. 2002). 17. See Roger C. Hartley, Enforcing Federal Civil Rights Against Public Entities After
foresee, and all experience has shown, whose interests will be neglected and sacrificed.”17 In the law and economics literature this phenomenon of
criminal statute.17 But the Court’s forceful reaffirmation of the rule that Congress alone has the constitutional authority to extinguish certain tribal
17 (1983). Notwithstanding the thirty-year passage of time, both the dissent and majority in City of Arlington cited Monaghan’s article. Chief Justice
states. In Part III we analyze how Morrison applies the Court’s “ resurgent federalism” 17 to antidiscrimination legislation enacted under Section 5
Section III.A.1. the yale law journal 133:2165 2024 2174 liability insurance.17 Even so, the plethora of tort cases—from state and federal courts
Statutes, New Problems, 163 U. PA. L. REV. 1, 2-3, 11- 17 (2014). 214. See Deacon, supra note 170, at 1032-33; see also supra note 199 and accompanying
have enough empirical data to be able to guess which rule is based on assumptions that are closer to reality.17 16. See Ian Ayres & Robert
ET AL., supra note 16; Purdy, supra note 17. 179. On the idea of a “social imaginary,” which we are adapting here to the idea of a legal imaginary
105-17, § 612, 111 Stat. 37, 60-72 (codified as amended at 20 U.S.C. § 1412 (2012)); Engstrom, supra note 142, at 1216 (discussing cases). Intriguingly