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; N.J. STAT. ANN. § 48:12-125.1 (West 2019) (railroad properties). 40. Public-public rights of first refusal are rights that public agencies acquire from
Firm Mergers and Reputational Competition: Is Bigger Really Better?, 40 VAND. J. TRANSNAT’L L. 763, 763 (2007) (discussing “presumed client demand
H.2470.DEUTSCH.2514.DOCX (DO NOT DELETE) 5/13/15 9:40 AM 2470 E l i z a b e t h B . D e u t s c h Expanding Conscience
in relation to consent decrees); Resnik, supra note 3, at 805. 8. Fiss, supra note 3, at 1080-81; Luban, supra note 3, at 2639-40; Resnik, supra note
explained, it was a paradigmatic example of one in which “the idea of separation of powers[] counsels against recognizing standing.”40 Allen v
that the loser had won.40 Another example might be if participants were to submit Eastman, among others, tried to persuade Vice President Mike Pence to
Metaphor of Stand- ing and the Problem of Self-Governance, 40 STAN. L. REV. 1371, 1378 (1988); and Ann Wool- handler & Caleb Nelson, Does History
2000); N.J. STAT. ANN. §§ 2A:35A-1 to :35A-14 (West 1999); N.D. CENT. CODE §§ 32-40-01 to 32-40-11 (2000); S.D. CODIFIED LAWS §§ 34A-10-1 to 34A-10-17
the heart of what the law purported to do. By 109. Id. at 407-09. 110. Id. at 411. 111. Id. at 392-93. 112. Id. at 416. 113. Id. at 416-40
Issue Salience, Party Strength, and the Adoption of Health-Care Expansion Efforts, 40 Pol. & Pol’y 131, 131–159 (2012) (analyzing the relationship between