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729 THE YALE LAW JOURNAL FORUM N O V E M B E R 2 1 , 2 0 2 2 The Jurisprudence of “Degree and Difference”: Justice Breyer and Judicial
”); Clayton P. Gillette, Political Will and Fiscal Federalism in Municipal Bankruptcy 11 n.26 (N.Y. Univ. Law & Econ. Working Papers, Paper No. 262
433, 456 n.6 (2009) (noting that “[No Child Left Behind] does not provide a private right of action” and is “enforceable only by the agency charged
Id. at 273 (alterations and internal quotation marks omitted). 18. Id. at 271 n.6. 19. Id. 20. Id. at 272. 21. Connecticut v. Am. Elec. Power Co
states [https://perma.cc /WQS8-HD2W]. 146. Goldin, supra note 144, at 72 & n.69. 147. See Leibel et al., supra note 24, at 36 (“To date, there are no
World, 74 TEX. L. REV. 1655, 1670-78 (1996). 43. See Sachs, supra note 9, at 2695 & n.34. 44. On the “dismal” success rate of reinstatement in NLRB
421 THE YALE LAW JOURNAL FORUM J A N U A R Y 6 , 2 0 2 1 “There Is No Such Thing as an Illegal Strike”: Reconceptualizing the Strike in Law and
primary role in unifying the field and distinguishing its features from standard property law: nonrivalry, 6. See Wesley N. Hohfeld, Some
each to reduce the costs of accidents at this or that cost.”). 25. Id. at 17 n.9 (“I have never been offered a serious response to the objection by a
equally attractive package of price and quality. 14. See Easterbrook, supra note 3, at 281 n.40 (“ A plan to exclude competition by less efficient rivals