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affordable to most Americans over the majority of their working lives, lenders had to accept far lower down payments than they ever had before—saving up for
Ouellette’s—to the theory I presented. In light of that theory, their empirical findings are not entirely surprising. What is surprising is that they
expedited removal proceedings have no constitutional rights regarding their application to enter the United States. Consequently, they may be
patented, then in some relevant sense individual property rights inhere in the theory itself. These exclusive rights to explore theories, moreover, can
against data-based innovation. But if people want to protect their data, the dominant theory argues that they should help them- selves. They should choose
will be less likely to assail the Court (and our democracy) when they possess other options for redressing their defeats in the usual political
forward two theories to explain midterm elections, both of which underestimate this backlash. The first theory of surge and decline holds that
of their own jurisdiction and thereby reduce the number of cases they must address on the merits. Indeed, this logic seems to undergird the
of these statutes by curtailing threats to their ability to implement widely supported public norms and values? Or did they instead reveal the
tion and conclude that “there are striking differences” among the judges with respect to how they come out in claim construction.18 Specifically