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not to incur the risk of war in the prosecution of a diplomatic policy without first consulting Congress and getting its consent.”75 “[N]evertheless
that the Court did not see its opinions in Doe and Smith as decisively settling the constitutional controversy over SORs. 50. BMW of N. Am., Inc. v
rev’d and remanded, 131 S. Ct. 2527 (2011). 60. Compare Vaughan v. Taff Vale Ry. Co., (1860) 157 Eng. Rep. 1351. (Exch.); 5 H. & N. 678
1990). For a caution about overstated indirect costs, however, see GREGOR ANDRADE & STEVEN N. KAPLAN, HOW COSTLY IS FINANCIAL (NOT ECONOMIC) DISTRESS
The rich can be fleeced as well, as noted by Jennifer J. Johnson, Private Placements: A Regulatory Black Hole, 35 DEL. J. CORP. L. 151, 152 n.8, 191
determining the value of legal representation.” Reply Brief for Petitioner at 16 n.11, Turner, 131 S. Ct. 2507 (No. 10-10), 2011 WL 805230 (citation
hunting-ground n 7082702.html http://perma.cc/AC6H-8YC4. This large number of investigations shows the significant gap between the rules that schools are
understood as increasing wealth, but also taking normative stands based on that premise). 7. See, e.g., RONALD DWORKIN, LAW’S EMPIRE 276-85, 444 n.1 (1986
provisions, was approved by the Harvard University Institutional Review Board. See id. at 2143 n.95. 10. Greiner and Pattanayak devote an entire second
ing to the periphery). 58. See William N. Eskridge, Jr., The New Textualism and Normative Canons, 113 COLUM. L. REV. 531, 552-67 (2013) (reviewing