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branch to execute its vision of the law, including its view of the illegality of current practices and policies, by set- tling lawsuits. The judiciary
Termism—In the Boardroom and in the Courtroom, 68 BUS. LAW. 977 (2013), which argues that corporate lawmakers should not attempt to further shield managers
2. the yale law journal 122:1280 2013 1292 agencies as a matter of federal common law58 or through the requirements of substantive
that the ability to exit the jurisdiction of local law through choice-of-law clauses drives lawmakers to produce efficient laws.152 William Fischel
employees). For a sampling of state laws, see CAL. LAB. CODE § 5705 (West 2003); and N.Y. WORKERS’ COMP. LAW § 2(4) (McKinney 2005). 51. See
the original purpose of the fed- eral antitrust laws, antitrust law must preserve worker welfare. This Note devel- ops and applies a worker welfare
of the fed- eral antitrust laws, antitrust law must preserve worker welfare. This Note devel- ops and applies a worker welfare standard to the specific
the lawsuit.141 Contrasting the technical details outlined in Part I with the legal definition of “copy” under copyright law illuminates these
Amendment to argue that, even if any individual federal law created a trivial imposition on the states, collectively permitting such laws would