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tion and conclude that “there are striking differences” among the judges with respect to how they come out in claim construction.18 Specifically
would then be possible. In fora where creditors believe that their debtors will in the future have assets, stand-alone recognition could speed
generally Adrian Vermeule, The Judiciary Is a They, Not an It: Interpretive Theory and the Fal… See, e.g., Diane P. Wood, Is It Time To Abolish the Federal
See generally Adrian Vermeule, The Judiciary Is a They, Not an It: Interpretive Theory and the Fal… See generally Adrian Vermeule, The Judiciary Is a
world is transformed; the facts, however, turn out to be different from how they were portrayed when Congress acted. John Hart Ely grappled with
patented, then in some relevant sense individual property rights inhere in the theory itself. These exclusive rights to explore theories, moreover, can
” by adopting interpretations of the existing law that restrict cyber operations, they will paradoxically also limit their own freedom of action in
against data-based innovation. But if people want to protect their data, the dominant theory argues that they should help them- selves. They should choose
rights are denied or dimin- ished, then none of their other rights are safe. Ironically, at the moment these words were written, African-Americans
than to discredit the Guidelines in general or to ignore the fact that Congress favors them and has played a role in their creation not grossly