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probabilities.” Nancy Levit, Confronting Conventional Thinking: The Heuristics Problem in Feminist Legal Theory, 28 CARDOZO L. REV. 391, 395-96 (2006); see
law. Confusion about the force of international law within the U.S. legal order leads to further confusion and unclear thinking 4. Id. art I, § 8
less desirable when the legislature enacts domain-specific procedural law. 206 Legislatures possess greater democratic accountability, competence in
characterize league operations. The recommendation, however, will leave open the door for leagues to pursue, and for Congress to consider, targeted
legislative guidance is ironic to those who have argued that legislatures are better positioned than courts to “attend to motives.” E.g., Antony Duff
it the impossible positions, context, or plainly wrong anatomic details (like the innocent looking, three-legged, orange kitten on the middle left
that legal expenses could be spread broadly. Further, if the driver prevailed in such a class action, the penalty to Grubhub would be multiplied
wish to opine on who was legally “right” and who was legally “wrong” in days gone by, or what the “lessons” of the past are for today’s law and
effect” of malapportionment was that cities turned to the federal government for solutions because state legislatures wouldn’t help them. Anthony Lewis
349 Moving to a per-country approach would decrease the offshoring incentives cre- ated by the legislation, at least for those countries with