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to litigate. But advocates do not make decisions in a vacuum. They respond not only to the tactics of their adversaries, who may draw them into court
to access.230 These contracts deny users control over their data or any access to the companies’ valuable secrets. They are “boilerplates” that
individual. 263 As long as identify- ing information is redacted, holders of these valuable records can exchange them as they wish—unbeknownst to the
returned to the plantations of their enslavement only to work for the same families that once held them in bondage.21 Across the South, many of these
func- tioned as the Governor’s agent while running his campaign. Prosecutors likely eschewed these narrower theories because they believed (correctly
forward two theories to explain midterm elections, both of which underestimate this backlash. The first theory of surge and decline holds that
of their own jurisdiction and thereby reduce the number of cases they must address on the merits. Indeed, this logic seems to undergird the
Ouellette’s—to the theory I presented. In light of that theory, their empirical findings are not entirely surprising. What is surprising is that they
innovation. But if people want to protect their data, the dominant theory argues that they should help themselves. They should choose to do business with
law and investigating their predictions). The two “classical” economic theories are the rewards theory and the patent-induced theory. These theories