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reducing the number of violations requires changing the way individual prosecutors approach their Brady duties: the rigor with which they look for
agency violated the law. If this is so, then litigants will not bring the cases they would have brought, and their success rate will change
instability and broken promises. Due to the Church-state tensions they aimed to resolve, these treaties constituted deeply consequential, binding legal
unrestrained risk in the financial sector”). These proposals suggest that if executives are compensated as if they have invested at every level, their
commitments. But under the Oakes test, even if there were no less restrictive and equally effective alternative to these ends, courts would in theory still ask
—have now published a reply.2 We appreciate their taking the time to engage with these issues, and also appreciate the Commission’s longstanding
evading a direct decision thereon as by 62. The Court has also made findings of evasion under the Contracts Clause of the Federal Constitution; these
these fig- ures are, they are likely to get worse in the years ahead; the risk of disasters is on the rise. From 2000 through 2009, there were three
—in a clear reference to the ATS—that there was “no doubt that the company or individuals who have been injured by these acts of hostility have a
mercury pollution.3 Moreover, if these plants were subject to the same federal technology requirements imposed on their new source counterparts, their