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this has only increased over the last ten years under the influence of European and Californian privacy laws.4 European law treats data as
196 THE YALE LAW JOURNAL FORUM A U G U S T 2 , 2 0 1 7 A Humble Justice Marah Stith McLeod Justice Thomas’s criminal law opinions have
Contract as Social Artifact, 37 LAW & SOC’Y REV. (forthcoming 2003); Mark C. Suchman & Mia L. Cahill, The Hired Gun as Facilitator: Lawyers and the
funnel of the Yale Law School. We could not then foresee how our friendships intersecting with major events would affect the arcs of our careers.1 Now
whether state law conflicts with federal law. That conflict inquiry is at the heart of preemption disputes before state and federal courts. Private
be un- derinformed about the effects and applications of its delegations. Both branches may wish to clarify the state of the law in future lawmaking
delegations. Both branches may wish to clarify the state of the law in future lawmaking exercises and to undertake a review of other regulatory areas
represent a form of lawmaking. Since Congress can repeal existing laws only by passing new legislation, presumably Congress must pass a new law to repeal a
THE YALE LAW JOURNAL FORUM N O V E M B E R 1 0 , 2 0 2 3 abstract. introduction 1 2 3 1 2 3 the yale law journal
actions invoking state (as opposed to federal) laws. In particular, state common law claims for climate change invoke federalism, not separation of