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speaks as a citizen or as an employee.4 In the immediate aftermath of Garcetti, the Third and Seventh Circuits each held that a police officer who
varying degrees of interpretive deference that should be shown to federal agencies by federal courts and state agencies by state courts is
AEP), the Supreme Court held that “the Clean Air Act and the EPA actions it authorizes displace any federal common law right to seek abatement of
VOLUME 131 SUBMISSION GUIDELINES The Yale Law Journal invites the submission of unsolicited Articles, Essays, Book Reviews, and Yale
jurisdictional statute, and there is a good argument that the AIA applies to the contraception mandate at issue in Hobby Lobby. In National Federation
21. TALLINN MANUAL, supra note 8, at 26 cmt. 3. 22. Id. at 15-18 (Rule 1 and accompanying commentary). 23. Andrey Krutskikh & Anatoly Streltsov
filibusters,” this Note aims to disrupt the terms of the traditional debate and open up a new space for potential compromise. This Note reports the first
earth. Burke understood the foolishness of this dream but always tempered his reserve with kindness and made light of our differences. In the summer of
KSFINAL.DOC NOVEMBER 9, 2000 11/9/00 9:42 PM 237 Notions of Fairness Versus the Pareto Principle: On the Role of Logical Consistency Louis Kaplow and
introduction For many years, states and municipalities throughout the country routinely used eminent domain for essentially private projects. The idea was that