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distinguish between these competing explanations. For this reason, this section of the book also does not advance Breyer’s overall thesis that the
that the company had illegally applied a more stringent medical-necessity determination for mental-health benefits than they used for medical or
them occasionally? They will then go to some of their legislators and others and say, “See, the Supreme Court of the United States cites us.” That
appealing than those labeled “10% fat.” 25 Though these findings contradict tra- ditional rational-choice theory, it is now broadly recognized that
themselves. Th [sic] diehard myth that mothers stay home masks the fact that millions cannot afford that option. Moreover, the notion that pregnancy
that the law “compels” them to decide the cases as they do. But the “law” hardly compels anything in this context. Employment discrimination cases
the United States could not have been accomplished without the restrictions. Section 805 is a “fundamen- tal provision[] of th[e] Covenant” which may
of the reforms on the size of loans th… Id at A1:8. To do this, the FSA estimated the likely impact of the reforms on the size of loans that would be
effects inimical to the principles of fundamental fairness underlying due process. Redish & Marshall, supra note 5, at 479 (“Once th[e] protection
pages (though thankfully, he did not prescribe font or margin size). This mandate sharpened not only our writing but also our thinking. And lest he allow