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or withholding permits or licenses that are essential to the livelihood or business survival of an applicant.171 Thus, in an early nonlegislative

after departing a subway stop?3 “They do not get licenses,” he surmised, “is that right?”4 New York Solicitor General Barbara Underwood responded that

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Supreme Judicial Court wrong to require same-sex marriage licenses six months after announcing its decision in Goodridge v. Department of Public Health

and contract law to fulfill that need.”). 225. See, e.g., Mark A. Lemley, Intellectual Property and Shrinkwrap Licenses, 68 S. CAL. L. REV. 1239, 1286

obtain state driver’s licenses whose issuance would cost the state money”); see also Amanda Frost, In Major Immigration Case, Both Sides Look to

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in a way that was mutually beneficial. Just as the agency issuing fishing licenses or regulating drilling in an oil field attempts to maximize value

Kapczynski Book Review

and contract law to fulfill that need.”). 225. See, e.g., Mark A. Lemley, Intellectual Property and Shrinkwrap Licenses, 68 S. CAL. L. REV. 1239

Because bank regu- lators wield such a heavy stick,77 including the ability to revoke bank licenses, banks may simply comply with a regulator’s demands

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offenders could have their licenses permanently revoked.57 B. Tests of Statistical Discrimination All in all, there seems to be overwhelming

Church schools to get yearly licenses from the Minister of Education, the new Archbishop and Gonzi’s successor, Joseph Mercieca, responded by shutting