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arbitrary; it is not a rule but rather an approximation,83 subject to adjustment in individual cases, that is useful for assessing substitution. Applying
the meaning of the Sixth Amendment, regardless of whether the disparities are attributable to a clerk’s discriminatory animus or an accidental
a deal, and the apparent lack of inter- agency consultation all seem to have contributed to USTR’s initial acceptance of Article 23.9’s protective
2d 332, 334 (Fla. 1977) (arguing that “alternatives” such as attempt and accomplice liability “are available and could be used in lieu of a
based data on a cell phone during an arrest to “finding a key in a suspect’s pocket and arguing that it allowed law enforcement to unlock and search a
Allowing an actor to recoup the benefits bestowed on others as a result of bad scaling takes away this added incentive—and, indeed, may even create
exclusionary rule is also a choice about which state’s Fourth Amendment analogue should apply. And neither the First nor the Second Restatement suggests
arbitration. Arbitration was, in her eyes, a means of fortifying American values at home and extending them abroad—and all by relying, as she always had
$250 a day (up to $5,000) for wage- statement violations.85 Wage-documentation claims are almost always accom- panied by allegations that an employer
and its corresponding historical turn have sparked a robust scholarly response. It is easy to see why. A judge’s powers are at their apex in equity