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the public to determine if EPA databases have records on a specific property without filing a Freedom of Information Act (FOIA) request.” In fact, the
one that may undermine the effectiveness of his important message. And that is this: even if they are willing to look, U.S. courts often have no idea
Forum non conveniens analysis involves two steps. First, a court must determine if an adequate alternative forum exists. Second, assuming that such a
to confront in his book, one that may undermine the effectiveness of his important message. And that is this: even if they are willing to look, U.S
the law, even if it might have survived heightened scrutiny. Identifying laws as bans can thus provide an end run around the tiers of scrutiny and
side is right, there is no doubt that judicial practice has moved dramatically in Scalia’s direction (even if his colleagues have not formally converted
administration, and judicial recognition of a constitutional duty to supervise is critical even if the duty is entirely politically enforced. Indeed
words lead to innumerable debates. Is the Preamble—“to promote the Progress of Science and useful Arts”—hortatory or legally binding? If it is
low, even if enforcement would improve social welfare.50 All of this turns the standard zealousness critique on its head: the problem is not that