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apply a particular analytic frame, such as proportionality analysis or “tiers of scrutiny.” It might adopt a particular standard of review, whether
textualism or structuralism or what-have-you.7 It might apply a particular analytic frame, such as proportionality analysis or “tiers of 5. See Jamal
analysis of an agency’s obligation to consider alternative courses of action during a rulemaking proceeding.32 As he explains, findings requirements in
unclear, such assessments could be required as a precondition even of consensual algorithmically aided targeted advertising, the use of AI and
legislation pursuant to a congressional-executive agreement and in his ability to get the approval of two-thirds of the Senate to approve an Article II
many accounts the framers envisioned a rural agrarian based America. . . . We can usefully ask whether disarmament advocacy is driven by an urban vision
ruling at the time, offers a definite military advantage.”95 Article 52 defines “civilian ob- jects” as “all objects which are not military objectives
be a one-size-fits- all-times-and-courts answer, but the scholarship should at least be clear as to what is being addressed. Judicial review is
website as a market and were not organized in any Wakefield-like sys- tem of authority. Id. at 656. The Appellate Division reversed, pointing out that
Innovation?, 9 J. Legal Stud. 593, 594 (1980). For a recent assessment of the arguments in defense of the laboratories justification and an affirmation of the