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COMM. ON HOMELAND SEC. & GOV’T AFFAIRS, UNITED NATIONS DEVELOPMENT PROGRAM: A CASE STUDY OF NORTH KOREA 42 n.117 (2008), https://www.hsgac.senate.gov
95. Cohen, supra note 16, at 488; see also id. at 488-89 n.32 (“There is no affirmative requirement for the Executive to provide reasons for its
E.158.KOCHEVAR.207.DOCX (DO NOT DELETE) 10/22/14 3:57 PM 158 S t e v e n J . K o c h e v a r The Rise of Institutional
78 Calif. L. Rev. 853, 857-59 (1990); see also City of Arlington v. FCC, 569 U.S. 290, 304 n.4 (2013) (asserting that administrative agencies “must be
Free Press, see Detroit Free Press, 303 F.3d 681, or the Third Circuit’s decision involving the Creppy directive, see N. Jersey Media Group, Inc. v
a partitioning arrangement. But the rights enjoyed by secured creditors go 103. See Warren & Westbrook, supra note 7, at 1210, 1222 n.91
has been created to in… Id. at 2200 (“Apart from disconnecting the phone from the network, there is no way to avoid leav… Id. (“n no meaningful sense
and the Right Not to Procreate, 60 Stan. L. Rev. 1135, 1195 n.244 (“It is far from certain that Skinner is applicable in the realm of assisted reproduction . . . .”).
illegitimate criterion was a substantial factor” in the challenged decision.29 She insisted that “[neither] stray remarks in the workplace, . . . [n]or
claims. . . . [A]n accused infringer may defend itself by attempting to invalidate a patent on grounds that the written description does not support