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suggest that this theory is wrong. Three Justices (Burton, Vinson, and Douglas) who had voted to declare the Champaign program unconstitutional later voted
and the next except for citations to their sources. They create the strong impression that there is an avalanche of support for the compact theory
from honest services to bribery. Then, in Part IV, I introduce the cases from this Term, and explore their genuine oddities—how they fail to
ther case.17 But in a concurring opinion in United States v. Texas,18 at least three Justices indicated that they were receptive to the government’s
conclude that those particular rights and remedies are required for efficiency. The purpose of my essay, , is to argue against this temptation
compensatory rewards than their foreign counterparts.34 These arguments reinforce the optimal contract theory approach, and thus implicitly support
ideological tilt, increasing the risk of unpredictability and mistakes. There is every reason to think that on a three-judge panel consisting of three
He merely thought that law, like other “sciences,” was better taught through the use of primary materials than through lectures. The real radical to
in this journal. I am grateful to The Yale Law Journal for recalling the paper and inviting three of the nation’s leading legal scholars to comment
which currently enjoys Eleventh Amendment protection. Part V of this Comment surveys those territories and concludes that, among them, Puerto