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should govern suits challenging state agency action pursuant to cooperative federalism statutes. Despite the prevalence of cooperative federalism
collective political action, the constitutional division of authority also may be seen as a system of “prods and pleas” in which distinct governmental
proposes a market failure approach to guide the new economic inquiry. Under this approach, statutes that correct market failures should be understood as...
deference when they interpret statutes informally under the standard of Skidmore v. Swift & Co. A key reason why courts defer to agencies is that agencies
Paul Gowder | Yale Law Journal Paul Gowder 115 Yale L.J. 2254 (2006) In this Essay, we first observe the rise of what we call quasipublic executives
power to constrain behavior, it has features that distinguish it from both. The Note identifies four relevant attributes of software: It...
that is also expressive of Muslim identity, it may inflict pervasive dignitary and stigmatic harms upon the American Muslim community. Those seeking redress from such policies ...
immunity has become available under current law. Although sovereign immunity now generally prohibits actions against states for violations of the
Lucy Wang | Yale Law Journal Lucy Wang 117 Yale L.J. 1900 (2008). Being fat is one of the most devastating social stigmas today. In seeking a legal
representation by public defenders while the remainder receive court-appointed private attorneys. We exploit this random assignment to measure how defense