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after these significant changes, but their reform proposals do not go far enough towards ameliorating the effect of adjudicator bias against domestic
reflection of what it was that Americans understood themselves to be trying to do at the various times when they made and remade their Constitution
four-year-old decision whose wrongness is a matter of incompletely theorized consensus. The canary in the coal mine for this incomplete theorization
advocates do not make decisions in a vacuum. They respond not only to the tactics of their adversaries, who may draw them into court, but also to the
not entirely surprising. What is surprising is that they style their responses as critiques of the theory. To the contrary, all of Rai and
These are the questions frequently asked in law-and-technology scholarship. And these are the wrong questions to ask. They lead to an approach that
their intended beneficiaries on the ground in Africa, Asia, the Middle East, and other contexts that differ fromwhere these theories originated.159 We
them. States can and should avoid these stability and equity problems by eliminat- ing their voucher programs. But that solution, which the Court in
the complaint and subsequently named, I count these as cases against individual defendants; when Doe defendants are named but their true identities
that supplies standards against which to examine the agency action? If there is no such statute, if the law has “run out,” then the agency has unreview