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noting that, “[i]n the first six years of Chief Justice Roberts’s tenure, almost nine percent of the Court’s full opinions were per curiams.”22 The
state law action does not mean that the federal issue can only arise as a defense to a state law action. . . . [A]n Ex parte Young action—‘though
Nicastro, 564 U.S. at 896 n.2 (Ginsburg, J., dissenting). 72. However, jurisdictional discovery may have been inadequate. See Miller, supra note 17, at
preferred message instead”). See, e.g., Newman v. Piggie Park Enter., 390 U.S. 400, 402-03 n.5 (1968); Runyon v. McCrary, 427 U.S. 160, 176 (1976); N.Y
Lobel, supra note 61, at 1387 & n.13. 202. NEELY, supra note 178, at 181 (quoting nineteenth-century political scientist John W. Burgess). 203. John
annual g… Wells, supra note 26, at 1024 (calculating break point at 52.3%). Daniel N. Shaviro, The New Non-Territorial U.S. International Tax System, 160
supra note 1, at 1755 n.387, for the idea that some “male workers may view not only their jobs, but also the male-dominated composition and mascu- line
80 n.7 (D. Mass. 2001) (“The plaintiffs offer only ‘naked statistical proof,’ a type of evidence that the Massachusetts courts have found
512 THE YALE LAW JOURNAL FORUM J A N U A R Y 2 0 , 2 0 2 0 After Suffrage: The Unfinished Business of Feminist Legal Advocacy Serena