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explanation that both parties had “agreed upon these requirements, and I did not understand any of the Justices to find either of them objectionable.” 37
policy issues.75 The second catego- ry—the subject of this Section—consisted of three broad executive orders that implicated every executive-branch
litigation, this Article argues that many of these agreements have the effect of noncompetes. They protect far more information than trade secret law
costs of creating and enforcing the incomplete contracts that they write? Despite its theoretical advances, therefore, the theory of incomplete
—and arguably needs—information that is held in the hands of third-party technology companies. Through a combination of technological, business, and
working through third-party companies to access the data that they want—and often either the company or the data, or perhaps both, are out- side the
office that the institution believes these efforts are important, thereby helping to motivate individuals to conform their behaviors to meet this
the adjustment wars 189 these crises, democracy advocates warned that this census could be less accurate than previous iterations, citing concerns
re-enfranchised after they had completed their sentences was a third of the overall three-year recidivism rate). 7. Id. 8. See id. (suggesting