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U.S. 424, 432 (1971). 202. H.R. REP. NO. 88-914, pt. 2, at 27 (1963) (additional views of Rep. William M. McCulloch et al.) (noting that “[i]n 1962
by Justice White). 154. Pugh, 438 U.S. at 783 n.* (Stevens, J., dissenting). This issue was neither briefed nor argued by the parties in Pugh. Indeed
2008) (“[B]usinesses themselves do not have protected privacy interests under Exemption 6 . . . .”); see also Sims, 642 F.2d at 572 n.47
FEDERAL CREDIT AND PRIVATE HOUSING: THE MASS FINANCING DILEMMA 59 n.5 (1960). Note that Haar incorrectly implies that state legislatures did not make
nineteenth-century railroad corporation to decline to enjoin New York State’s sensitive-place regulation in public transportation, see Frey v. Nigrelli, No. 21
the Ninth Circuit has noted, “njury to competition necessarily entails injury to at least some competitors” and competition “consists of a rivalry among
Policymaking, 77 N.Y.U. L. REV. 1272, 1280-81 (2002). 31. Chevron U.S.A. Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837, 842, 843 n.9 (1984
national security context would necessarily require cabining the reported case law as well. See Pozen, supra note 11, at 534 & n.114 (explaining that
the courts and does not necessarily capture the heart of police work in reality, of which criminal investigation is a fairly small part. Nat’l Rsch
home? Of course not!”). 36. Id. at 351. 37. Id. at 255. 38. Id. at 426, 440 n.207; see also id. at 255 (noting that “[c]ourts routinely uphold the