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discrimination affecting marginalized groups that may be unable to bring suit on their own.40 In actions such as these, parens patriae serves as an
at 28 (Thomas, J., dissenting). 17. Id. at 34 (Thomas, J., dissenting). 18. Id. at 40 (Alito, J., dissenting). 19. Tolson, supra note 9. the
British Fighter Who Blew … Cf. Savage, supra note 40, at 183 (noting that officials who try to halt national security program… Phil Hirschkorn, 11
some appropriate way to safeguard the public health and the public safety.”). David L. Shapiro, Federalism: A Dialogue 107-40 (1995); Steven G
Prison an Appropriate Response to Crime?, 40 ST. LOUIS U. L.J. 677 (1996). KATYALFINAL.DOC FEBRUARY 12, 2002 2/12/02 2:35 PM 2002] Architecture as
will arise.”40 In addition to the potential for abuse, there is also ample evidence that trade secret claims are especially costly to litigate, a
CODE ANN. § 40-35-107(b)(5) (West 2003). 32. 133 P.3d 1054, 1062 (Cal. 2006). DAVIS PREPRESS 11/24/2008 6:38:19 PM the sentence imposed versus
of civilian detention . . . .”). 26. Authorization for Use of Military Force, Pub. L. No. 107-40, 115 Stat. 224 (2001). 27. Oversight Hearing
procedure is ill adapted to the framing of court rules.”40 The drafters of the REA believed that “Congress would tell the Supreme Court what . . . courts
provisions.40 The heart of the dispute concerns the nature of Congress’s power under Section 5 of the Fourteenth Amendment. In brief, the Supreme Court