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articulated in Russell Engler, Toward a Context-Based Civil Right to Counsel Through “Access to Justice” Initiatives, 40 CLEARINGHOUSE REV. 196, 200
owners”). 12. See 19 U.S.C. § 1609 (2012); 21 U.S.C. § 881(e)(1); see also EDGEWORTH, supra note 1, at 67- 69, 239-40 (describing the relevant
giving adverse selection arguments a win rate of just over seventy-three percent.40 Of course, it is often unclear whether the adverse selection
40 HASTINGS CONST. L.Q. 525 (2013). A further terminological complexity involves the relationship between forbearance and “waiver” or “variance.” See
minimis.” Snow Phipps, 2021 WL 1714202, at *40. In Level 4 Yoga, the court again took the same approach as in AB Stable, but reached a different result
Journal’s attention. Before Dodd-Frank, 40% of settlements were filed in administrative proceedings; in fiscal year 2015, over 80% were. The shift to
explicate this “suspect categories” approach in a forthcoming article, Ian P. Farrell, Strict Scrutiny and the Eighth Amendment, 40 FLA. ST. U. L. REV
2016, 8:40 AM EDT), https://www.vox.com/2016/4/28/11515132/iirira -clinton-immigration [https://perma.cc/8K59-7666]. the yale law journal forum
property, birth or other status.”40 Although the Court’s nondiscrimination jurisprudence is comparatively underdeveloped, recent developments in its