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same database entry that makes one user an “owner” also triggers the automatic access controls that keep trespassers out. Second Life even sports a
pursue an occupation in the f uture 38 39 40 the due process right to pursue a lawful occupation: a brighter future ahead? 41 42 43 44 the yale law
avenue for judicial power to push back against arbitrary executive power, and proposes a surprising source for this revival: Justice Scalia’s attack on
’ central importance to America’s system of federalism gives them a platform to resist states and the federal government alike, and justifies their ar
and are regularly present at White House meetings. In this climate, there is simply no way that the OLC’s aspirational purpose of acting as a neutral
amendment doctrine—or, perhaps worse, on a blend of the two approaches40—and instead effectuate the test announced by the Advisory Committee. BRADLEY
Justice Powell’s reasoning was flawed. As his “single-axis” approach reveals, tiers-of-scrutiny analysis creates a doctrinal puzzle in equal-protection
anomaly; it is a universal fact of all urbanized societies. Not only are European and Asian cities sprawling too, but, at home, many of our “urban
federal level may be thrust into a state of uncertainty, leading citizens, scholars, and pol- icymakers alike to turn to alternative avenues for
is donated to a non-profit organization, there is no governmental actor involved. While this approach is attractive to landowners, especially in the