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evidentiary requirements, which now do most of the heavy lifting in practice. These rules bear little logical connection to exclusion, but they excel at
impossible situation that Congress found itself in due to doctrinal and political constraints. These constraints prevented Congress from altering the
their payout is, as mentioned above, five million dollars. Therefore the overall expected value of the lawsuit for them, if they litigate to the
Optimal Standardization in the Law of Property: The Numerus Clausus Principle | Yale Law Journal Optimal Standardization in the Law of Property: The Numerus Clausus Principle
Searching for Balance in the Aftermath of the 2006 Takings Initiatives | Yale Law Journal Searching for Balance in the Aftermath of the 2006 Takings Initiatives
Reorganization as a Substitute for Reform: The Abolition of the INS | Yale Law Journal Reorganization as a Substitute for Reform: The Abolition of the INS
Just Semantics: The Lost Readings of the Americans with Disabilities Act | Yale Law Journal Just Semantics: The Lost Readings of the Americans with Disabilities Act
The Sarbanes-Oxley Act and the Making of Quack Corporate Governance | Yale Law Journal The Sarbanes-Oxley Act and the Making of Quack Corporate Governance
The Treaty Problem: Understanding the Framers’ Approach to International Legal Commitments | Yale Law Journal The Treaty Problem: Understanding the Framers’ Approach to ...
means that raiders are less likely to mistarget firms underperforming by only a slight margin, and they are less able to shift the costs of their