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distributional goals. The same principles developed here could be applied to such varied topics as nuisance law, cost-benefit analysis, minimum wage laws
any law which shall . . . deny to any person within its jurisdiction the equal protection of the laws.”). 34. Pennsylvania v. Bd. of Dirs. of City
Harlan F. Stone, Progress in Law Improvement in the United States, 10 A.B.A. J. 633, 636 (1924); see also Allen Steinberg, The “Lawman” in New York
Federal Antitrust Law Versus Anticompetitive State Regulation, 39 ANTI- tRusT L.J. 950 (1970); Kennedy, Of Lawyers, Lightbulbs and Raisins: An Analysis
delegates, with fewer law- yers and legislators participating.102 While the 1978 Convention was mostly composed of lawyers, businesspeople, and educators, it
view). the yale law journal 124:576 20 14 584 legislation, and judges should disallow laws that violate principles of federal- ism by
insights to law and economics. 51 Notably, Jolls and Sunstein argue that consumer-protection laws should aim at debiasing. “[I]n some cases it may be
on the Law of Trea- ties (1969), OXFORD PUB. INT’L L. [2]-[4] (June 2006), https://opil.ouplaw.com/view /10.1093/law:epil/9780199231690/law
DePaul University College of Law. I thank Jacob Gersen, Ronald Levin, Nina Mendelson, Peter Strauss, Josh Sarnoff, Steve Siegel, Kevin Stack, Stephen
specifically referenced lawyers’ education in law school, their completion of the bar exam, continuing education requirements, character and