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children in the cus- tody of their parents should never be detained, nor should they be separated from a parent, unless a competent family court
alleged that the redistricting provisions of the VRA that protected majority-minority districts had served their purpose, and that today they could
then there is no merits determination to review. Instead, their ap- peal asks the Court to determine whether the state court had a valid excuse for
tices’ summer vacations.36 These are all bad ideas. First, the one result they can be counted upon to produce is more litigation, with all its
within these bounds, and where prosecutors overreached, the judiciary disciplined them. For example, when the Manhattan district attorney charged a pair
words, seem to be exercising their market power over shippers. Part of the reason railroads have increased the rates they charge has been not only to
Indeed, opting out of the warranty would involve speech the state does not prefer.21 Busi- nesses merely unveil and thereby clarify a detail of their
they do in the court’s example, then it is hard to see how the court could claim these ca- pacity additions were “profitable.” The incremental revenue
incident to their presumed property right in their offspring’s la- bor.128 After the Fair Labor Standards Act made children a financial liability ra- ther
well as the factors of materiality and numerosity. These factors themselves will be context specific and evolving. It will therefore sometimes be