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” (citing N.Y. Life Ins. Co. v. Johnson, 923 F.2d 279, 284 (3d Cir. 1991))); Schuman, supra note 9, at 123 (expressing the concern that “[a]llowing
Court’s initial failure to recognize states’ immunity prompted an immediate constitutional amendment.9 States do not rely solely on the Eleventh
” Act of June 12, 1838, ch. 96, § 12, 5 Stat. 235, 239. When the State of Wisconsin was added in 1848, Act of May 29, 1848, ch. 50, 9 Stat. 233, and
9 Yet, as I shall discuss, this conclusion is largely the product of the prevailing methodological commitments of contemporary jurisprudential
547 U.S. 410 (2006). 9. Harper v. Poway Unified Sch. Dist., 445 F.3d 1166 (9th Cir. 2006). the yale law journal 120: 515 2 010 518
In an earlier case, the Court had limited the First Amendment’s protections against state infringement of religious practices.9 Invoking its
26. Id. § 182(a)(9)(A) (2006). 27. Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir. 2008) (quoting 8 U.S.C. §§ 229a(b)(5)(C)(i), (e)(1)). 28. One
and useful Arts’”). 92. See, e.g., Harper & Row, Publishers v. Nation Enters., 471 U.S. 539, 559, 566 n.9 (1985) (relying on economic theory in
relative tax rates8 might be lowered without triggering the political concerns and distributive qualms mentioned above: older workers.9 By one estimate
understood as part of what the very word “trial” meant in the original Constitution’s Article III,9 which in turn must be read against the Preamble