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10. Cf. Daniel A. Farber, Legislative Constitutionalism in a System of Judicial Supremacy, in THE LEAST EXAMINED BRANCH: THE ROLE OF LEGISLATURES IN
Oregon legalized physician-assisted suicide, the AG determined that dispensing Schedule II drugs to hasten one’s death was not a legitimate medical
1999); Mark A. Lemley & Eugene Volokh, Freedom of Speech and Injunctions in Intellectual Property Cases, 48 Duke L.J. 147 (1998); Lawrence Lessig
When Congress legislates, it typically paints with a broad brush, identifying its objectives but leaving more particularized questions of the
“letters of consent” to concrete, high- quality, family-oriented LIHTC proposals, states instead fund less efficient pro- jects with fewer units of
its ideal term.11 Economic theory tells us that property rights in creative works will lead people to produce more creative works, at least up to
irrelevant” whether Congress endorsed the set of reasons that the Court views as justifying the legislation.65 Indeed, at least within the eds
immediate release of red grouper less than twenty inches long). During the pendency of Yates’s litigation, the mini- mum legal length for Gulf red
leaves women unprotected against forms of pressure that any society should consider morally improper and legally intolerable”). 18. David P. Bryden
the bench, Justice Powell faulted League’s “hopelessly weak” presentation. League, who began by apologizing for the “shabby condition” in which his