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Legislative Record of the Federal Arbitration Act 9-12 (2021); see Glover, supra note 5, at 3060 n.30; Sales and Contracts to Sell in Interstate and Foreign
Supreme Court Nominees, 79 YALE L.J. 657, 659-60 (1970), with AMAR, supra note 1, at 194 & 565 n.42. Consider another set of issues implicating the
ESKRIDGE_09-12-06_BIG FINALE 9/26/2006 12:07:18 AM 2623 William N. Eskridge, Jr. and Kevin S. Schwartz†Chevron and Agency Norm
3d at 533. 13. See Sager et al., supra note 11, at 6 n.3 (articulating the difference between recognition of the privilege under First Amendment
I.853.Sipe.865.docx 12/14/14 2:56 PM 853 c o m m e n t Jagged Edges Modern adverse possession doctrine appears to be in
1490 I L A N W U R M A N Nondelegation at the Founding abstract. In recent articles, a number of scholars have cast doubt on the originalist
AMENDMENT (2008). 144. 537 U.S. 186, 221 & n.24 (2003). 145. NETANEL, supra note 11, at 191. 146. Indeed, the footnote that Netanel relies on as
THOMAS JEFFERSON, supra note 274, at 728, 728 n. 276. See Letter from Thomas Jefferson to William Carmichael and William Short (Nov. 3, 1792), in 24
provision of the Clean Air Act in the 1970s. Hills, supra note 30, at 185 n.13 (noting that the “EPA immediately backed down because there was no
Association (Aug. 1975), quoted in Marcus, supra note 4, at 7 n.28 (finding that Pinkerton “goes too far, and does not easily admit of rational