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promote industrial growth 172. Smith, The Law of Nuisance, supra note 54 (manuscript at 21-22). 173. Id. (manuscript at 50 n.148). 174. HORWITZ
Activism in Europe 8 n.8 (Eur. Corp. Governance Inst. Fin. Working Paper No. 283, 2010) (noting that public disclosure thresholds were set at 2% in
supra note 22, at 370 & n.207, 371 & n.209. 61. As a doctrinal matter, nuisances of the polluting-factory variety are deemed to be “intentional” even
violence.”). 153. Jesse J. Norris, Entrapment and Terrorism on the Left: An Analysis of Post-9/11 Cases, 19 NEW CRIM. L. REV. 236, 269 n.206 (2016); see
in statutory settings); 1 TRIBE, supra note 64, §§ 1-16, 3-3, at 84 & n.42, 251-54. 106. See Michael A. Newton, Continuum Crimes: Military Jurisdiction
for reading novels advantages individuals born with literary talent.” KAPLOW & SHAVELL, supra note 15, at 414 n.865 (noting that “ virtually any
595-96; Pillard, supra note 79, at 77 n.54. 81. Coming full circle, these and related cases have entirely flipped the script from the Founding Era
996 THE YALE LAW JOURNAL FORUM J U N E 4 , 2 0 1 8 Predatory Pricing: Limiting Brooke Group to Monopolies and Sound Implementation of
Procedure, 46 LOY. U. CHI. L.J. 1, 20 (2014); see also id. at 34 n.254 (noting that some of Justice Jackson’s colleagues objected to his appointment). 156
has been a substantial increase in the number of companies seeking refuge from such claims under the bankruptcy laws.”). 29. Alan N. Resnick