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texts.9 By contrast, while claiming to apply the Fourth Circuit’s rule, the District Court for the District of Columbia has embraced a less nuanced
incentives when uncertainty is present.9 I refer to these penalties as “reflective” remedies because they focus on penalizing defendants by an amount
In particular, it focuses on which damage remedies and contract modifications create optimal ex ante incentives when uncertainty is present. 9 I
light on the concerns it has provoked. 9. 42 U.S.C. §§ 6101-6107 (2006). 10. Peter H. Schuck, The Golden Age of Aging, and Its Discontents
Southern Poverty Law Center office—again, 7. See Reed v. Reed, 404 U.S. 71 (1971). 8. 420 U.S. 636 (1975). 9. Frontiero v. Richardson, 411
standard account and challenges to it, see supra note 98. On the label “unincorporated,” see supra notes 8-9. See Brief for Appellant Union de
Jackson’s tone in Skidmore, which suggests substantial “respect” for agency decisions made “in pursuance of official duty.”9 On the other hand, while
these cases are concerned with the correlative rights of neighbors.9 And some but not all are concerned with animus, or decisions made just to
one- third of victims who filed formal claims about harassment reported that it actually “made things worse” for them on the job.9 As a result of
1070. 6. Bush State of the Union, supra note 1, at 96. 7. Id. 8. Id. 9. See Ackerman, supra note 4, at 1078-79. 10. See David Cole, The Priority of