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and to the Indians themselves. . . . [It] will retard the progress of decay, which is lessening their numbers, and perhaps cause them gradually
centered election-law theory, and the First Amendment mar- ketplace-of-ideas thesis, have yet to incorporate these emerging challenges. Finally, the
nonmarital children, according to the conventional wisdom, was for their mother to marry another man willing to adopt them, thereby legitimating the
these typically depends on the theoretical framework through which they view citizenship and the loss thereof. Some argue that states can and should
rules and their failures. It begins with the Federal Rules of Civil Procedure, which map awkwardly or not at all onto prison litigation. It then
have caused harm, such as tobacco, firearms, and lead paint. These cases vary in the theory of damages on which they seek recovery, but often involve
of the government’s three theories of anticompetitive effects in turn and determined that “the Government . . . failed to meet its burden to
the ILC has suggested that in some areas, states have been held liable for harms even when they took care to prevent them. Malcolm Shaw explains that
plaintiffs must overcome in order to reach the stage at which courts can grapple directly with substantive theories of liability. Although these hurdles