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financial loss to the public; the deprivation of that intangible right was suf- ficient. 9. 483 U.S. 350 (1987). 10. 688 F.2d 108, 139 (2d Cir. 1982
prices.” 8 Plaintiffs can establish recoupment by showing either an ex ante likelihood of recoupment, or that re- coupment was achieved in fact. 9
scheme to steer town business to an insurance agency that, in turn, kicked back a portion of its compensation to his political 9. 483 U.S. 350
which increase the maximum permissible prison term for individuals with prior convictions, are common nationwide.9 Scholars have recognized that these
Americans by disparaging their competence as actors in particular spheres of American life.9 To that end, the 1964 Civil Rights Act banned racial
2015). Merch.’s Hostess Serv. of Fla. v. Cain, 9 So. 2d 373, 375 (Fla. 1942) (“The disability of coverture is a hangover from the old common law and has
Recommendation 2011-2: Rulemaking Comments (adopted June 16, 2011), reprinted in Adoption of Recommendations, 76 Fed. Reg. 48789, 48791 (Aug. 9, 2011
8-9, 18 (Apr. 4, 2011), http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf http://perma.cc/2R7H-P9UQ hereinafter 2011 DCL
§ 9-10.110, http://www.justice .gov/usao/eousa/foia reading room/usam/index.html (last updated 2011)). See, e.g., 18 U.S.C. § 924(c), (j) (2012
oppor- tunity for public comment. 9 The APA exempts from these requirements inter- pretive rules and “general statements of policy.” 10 The courts