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been liberal democratic reformers in their eras just as the Founders were in theirs. Thus, according to Ely: There have also existed throughout our
solutions ra- ther than becoming mired in the adversary process. When those courts were newly created, the judges assigned to them were squeamish. As one
are getting caught up in this thing, how are they going to be treated fairly and not have their rights abused?”6 In December of 2004, in response to
but irrational: they threaten to imperil the American economy for little gain 6 and hurt the workers and consumers that President Trump claims
course that inspired this Comment and advising the project. My deepest thanks to Professors Harold Koh, Amy Chua, and Paul Gewirtz for their
thus are able to absorb additional migration into them. Although Schlei- cher does not explicitly make this point, there is emerging evidence that migra
these markets. In this Part, I argue that these costs offset, and may even out- weigh, the agglomeration and labor benefits of migration into hot
rules they can repeal. This Article explores the positive determinants and normative implications of regulatory bundling and unbundling. The empirical
the yale law journal 132:2139 2023 2144 Critical Race Theorists’ work.13 Rufo then argued that Critical Race Theory (CRT) was at the root of not