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antitrust laws. Due to a change in legal think- ing and practice in the 1970s and 1980s, antitrust law now assesses competition largely with an eye to
modern development in the law.77 Moreover, split-recovery allowed its statute to expire on April 1, 1994, under the law’s sunset provision. Act of
points are easily linked with the post-New Deal transfer of effective lawmaking power from common law courts to federal bureaucracies. For much of the
—and a rich body of empirical work has likewise developed to support the lawless employer/toothless law thesis.38 But in most of this work the
statute precluded state lawmakers, as well as judges applying state law, from trying to shield individuals from lopsided arbi- tration clauses
statute precluded state lawmakers, as well as judges applying state law, from trying to shield individuals from lopsided arbi- tration clauses. According
737 THE YALE LAW JOURNAL FORUM F E B R U A R Y 2 7 , 2 0 2 5 Scalia and the King: The Ancient Writ of Habeas Corpus and the Missing
other conceptions of legal and moral obligation may be employed within an efficient enforcement framework. author. Associate Professor, Yale Law
132. Cf. Stuntz, supra note 131, at 509 (“As criminal law expands, both lawmaking and adjudication pass into the hands of police and prosecutors