Yale Law Journal

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under federal or state law. 262 Congress’s declaration of intent is especially important, given that the becomes the plaintiff.”); see also Lemos

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timing and scope of congressional oversight inquiries directed to the White House.”262 The OLC opinion goes even further, stating, “If anything

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shareholders themselves are the most risk-preferring corporate constituency.262 This is true particularly in large financial firms, where the effects of

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disproportionate amount of malpractice liability confirms this statistical reasoning.262 B. Differences in Case Outcomes Under the Independence Test

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under federal or state law.262 Congress’s declaration of intent is especially important, given that the becomes the plaintiff.”); see also Lemos

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law journal 121:19122012 1964 that a court sitting in the locality will be best positioned to decide.262 By providing these standards, the

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public schools in common, without distinction of race, color, or previous condition. There shall be no separate schools established for any race.”262

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communities with popula- tions exceeding 10,000 and from approximately sixty-eight with populations ex- ceeding 20,000.”262 But small communities

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justice. In their view, a free market is the best way to ameliorate irrational “sta- tus” inequalities.262 For this reason, a frame which ties

Vindicating Vindictiveness: Prosecutorial Discretion and Plea Bargaining, Past and Future | Yale Law Journal

at 1410 (citing Santobello v. New York, 404 U.S. 257, 262 (1971)); Lafler, 132 S. Ct. at 1387. Indeed, both Frye and Lafler specify that, as it

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