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Recommendation 2011-2: Rulemaking Comments (adopted June 16, 2011), reprinted in Adoption of Recommendations, 76 Fed. Reg. 48789, 48791 (Aug. 9, 2011
which increase the maximum permissible prison term for individuals with prior convictions, are common nationwide.9 Scholars have recognized that these
prices.” 8 Plaintiffs can establish recoupment by showing either an ex ante likelihood of recoupment, or that re- coupment was achieved in fact. 9
8-9, 18 (Apr. 4, 2011), http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf http://perma.cc/2R7H-P9UQ hereinafter 2011 DCL
financial loss to the public; the deprivation of that intangible right was suf- ficient. 9. 483 U.S. 350 (1987). 10. 688 F.2d 108, 139 (2d Cir. 1982
scheme to steer town business to an insurance agency that, in turn, kicked back a portion of its compensation to his political 9. 483 U.S. 350
Americans by disparaging their competence as actors in particular spheres of American life.9 To that end, the 1964 Civil Rights Act banned racial
… Saleha Mohsin & Justin Sink, Trump Officials Temper Expectation of 15% Corporate Tax Rate, Bloomberg (Sept. 12, 2017, 9:29 AM), https
individual or family is eligible for govern- ment assistance, including Medicaid, food assistance, and welfare. 9 Federal courts should follow suit. To be
indicates, it is the question I explore here.12 I shall develop a view that is implicitly accepted by most 9. Id. at 908. 10. Furthermore, other