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their elevation to the Court and concluding that they will likely side with Justices Scalia and Thomas, and thus that “new federalism . . . depend[s
bargaining power is relatively weak, and that they are the ready victims of those who would take advantage of their necessitous circumstances.31 In
thus question the justification for a theory of modularity. But even if there were a need for the new framework, there would still be challenges with
provisions that have changed over time, and it is true that the DRA brings additional changes to the content of this right. Thus, it is now the case
in the decedent’s gross estate. * * *” We think that the interest Abraham Kramer had in his employment agreement was terminable and therefore the
their own values and those of their constituents—from supporting the enactment of such legislation.”8 Through the lens of Stephenson’s theory—that
in criminal investigation. Ignoring the connection between these two issues and permitting them to proceed apace threatens to radically expand what
California’s plan has “no impact on the question before this Court,”19 and would have held that “there is no private right of action under the Supremacy
reluctance, he and his wife Maria had decided to uproot themselves from their beloved Zagreb. They were rebuilding their lives from the ground up. Mirjan
autonomy, and prestige.74 They can rarely obtain those goals by reporting that all is well in the world; if they fail to identify a catastrophic threat