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For several decades now a debate has raged about policy-making by litigation. Spurred by the way in which tobacco, environmental, and other litigation has functioned as an alternative form of regulation, the debate asks whether policy-making or regulation by litigation is more or less socially...
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confine their legislation to the narrowest limits in the closest of cases. To the extent that my argument is successful in … diminishing the judicial legislation position, it would tend to serve to corroborate Dworkin’s rights thesis …
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judicial review over Intellectual Property Clause legislation. The Court should also independently review the bases on which …
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