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ON TORTS 134-36 (1995). 8. 94 N.E. 431 (N.Y. 1911). 9. See infra Section I.D. The criterion in this Note for defining a state’s adoption of Rylands is
AMERICAN FEDERALISM 6-9 (2010) (discussing the foundational federal principle of multiplicity). 2. See THE FEDERALIST NO. 39, at 257 (James Madison
Commercial Courts, 1790-1880], at 302-49 (2012) (un- published manuscript) (on file with author). 9. Stone, supra note 8, at 987-91. 10. Hiro N. Aragaki
local officials’ efforts to disenfranchise minority voters). 9. For a discussion of these developments, see infra Section II.A. 10. Compare
most stand-alone emotional and economic harms), thereby inefficiently excluding large swaths of social harms from the standard of reasonable care.9
standards of judging.9 At the Supreme Court level, this involves an elaborate briefing process, oral argument, internal deliberation, and public
2011) (focusing on implicatures as a linguistic method in the law). Gibbons v. Ogden, 22 U.S. (9 Wheat.) 1, 194-95 (1824) (“The enumeration of the
not to exceed $200, or imprisonment for up to a year.9 Despite the fact that the statute authorized only one of these sentences, the trial court
in 9 THE WRITINGS OF JAMES MADISON 98, 100 (G. Hunt ed., 1901). 165. I discuss these provisions in greater detail in McConnnell, supra note 36, at
thought, of something that never crossed their minds. It’s rather like asking, “ If I had a sister, would she like cheese?” 9 Worse, the relentless