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the private sector. One can only hope that at some point practical reality and historical truth will serve as a buffer against an aggressively
language. Another draft ended with an attempt to speculate as to a limiting principle: “Perhaps, although I am not now certain, the distinction is that
citing the ability “to do a better job integrating post-acquisition” as an important reason that “in almost every instance” acquirers prefer to do a
has a number of aggregation doctrines that allow courts to normatively aggregate separate offenses (or “almost offenses”) so as to create an entirely
were trying the cases that should be tried, and that trial quotas were anathema. We adopted a soft approach, appealing to lawyers’ competitiveness
a more sensible and balanced approach. Having a standard in place that can be applied at any time may also serve as a significant deterrent. After
both as a system of dual sovereignty and as a system of inter-governmental relations, is likely to appear different across states. In addition, if
otherwise made available to the public.”12 As a general principle, public accommodations laws apply to any entity that enters commerce and opens to the
” and she asked Seidenberg, “[W]hat are the laws governing the serving of a lone woman at a commercial bar?” 5 The answer to Anderson’s question would
enumerate above may arise from the market imperative to keep consumer demand, but it also bumps up against a far more compelling market incentive to hold and