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VFAG] (“[W]hen the first-best policy option is unavailable, then normative legal theorists should consider second-best solutions.”). 36. I do not take
that does not conflict with the relevant state law based on its text and, if necessary, Advisory Committee Notes. If there is, they would default to
leads them to understate risks. For example, engaged couples minimize the risk that they will get divorced, and taxi drivers overestimate their skills
reconstruction of the maxims, or perhaps a gloss on them, which brings out their potential as meta-law—a potential they probably once served and could serve
true nature by keeping their definition of corruption opaque. They thereby free themselves to deploy the term to connote whatever meaning serves the
week, in the evening, in 1922.11 There were eighteen students, all of them lawyers.12 They had come to the lec- ture hall, a building at 1901 F
of these interests and measure the extent to which qualified immunity advances them. Until then, we are left with the justifications for qualified
serve them. 215 The usual framework captures both of these themes by including a prima facie case, based on disparate impact alone, that may then be
day.” These cases did not emerge in a vacuum and do not reflect the full range of American legal history. Rather, they come from a time, place, and
affair.” First the Supreme Court in Griggs v. Duke Power, then Congress and President Richard Nixon endorsed these uses of numbers in the 1972