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Priit Suve, Peeter Selg and Georg Sootla

. “Strategy Follows Structure!” Strategic Management Journal Vol. 1, No. 2 (1980): 149-163. 27. Hargreaves, Andy. “Four Ages of Professionalism and Professional Learning.” Teachers and Teaching: Theory and Practice Vol. 6, No. 2 (2000): 151-182. 28. Herbert, Steve. “The Geopolitics of the Police: Foucault, Disciplinary Power and the Tactics of the Los Angeles Police Department.” Political Geography Vol. 15, No. 1 (1996): 47-57. 29. Hoftede, Geert, Gert Jan Hofstede, and Michael Minkov. Cultures and Organizations: Software of the Mind: Intercultural

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Brian Christopher Jones and Austin Sarat

wider citizenry? There is certainly nothing wrong with justices aiming their opinions at a wide audience. After all, using non-technical or “plain language” is something that other judges have championed; Sonia Sotomayor has incorporated plain language tactics, and has noted that the technical language of the law may obscure the relevance of a decision. See , e . g ., Steven Schwinn, Opinion Analysis: Plain Language Rules the Day (and Keeps a Claim Alive) in Prisoner-Rights Suit , SCOTUSblog (June 6, 2016), http://www . scotusblog.com/2016/06/opinion

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Bruce G. Peabody

that even an extreme violation of law would not diminish voters’ intimate ties to, and faith in, the candidate. Interestingly, in those instances where the President has pushed most aggressively against individual judges, independence norms, and regular judicial procedures, these personalization tactics have been especially prominent. Thus, President Trump (in)famously questioned the capacity of Federal District Court judge Gonzalo Curiel to hear a case involving Trump University fairly, on the grounds that the judge was compromised by his purported “Mexican

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Maria Panezi

for least-developed countries. During smaller scale negotiations smaller countries can refine their negotiating tactics. An interesting example is the case of Zambia and Mauritius as participants in the Common Market for Eastern and Southern Africa (COMESA) and the Southern African Development Community (SADC). The participation of the two countries in both Regional Trade Agreements has assisted them in preparations for negotiations in the WTO context by providing training, raising awareness, and overall giving a more familiar forum with countries facing similar

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James E. Pfander

constitutionalism and avoiding inconvenient historical truths, Justice Scalia performed the inevitable judge’s task of fashioning new law out of old. By choosing to deny or obscure his tactics in the standing cases, Justice Scalia could continue to deploy originalist methodology as a sledgehammer in assailing the judge-made law with which he disagreed. II Standing Law Before Justice Scalia’s Arrival Our brief evaluation of the law of standing when Justice Scalia took the oath of office in 1986 Justice Scalia joined the Court in 1986, after having spent four years on United

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Ross J. Corbett

the Court’s pre- Watkins use of formalism to bring about the just result. II Contempt of Congress Under Vinson The House Un-American Activities Committee grew out of the anti-fascist Dies Committee, and quickly turned to focus on the tactics of the Communist Party. M ORTON J. H ORWITZ , T HE W ARREN C OURT AND THE P URSUIT OF J USTICE 54–55 (1998); W ALTER G OODMAN , T HE C OMMITTEE : T HE E XTRAORDINARY C AREER OF THE H OUSE C OMMITTEE ON U N -A MERICAN A CTIVITIES 24–58 (1968). Its counterpart in the Senate, the Subcommittee on Internal

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Robert G. Natelson

the convention, and advised delegates on tactics, e.g ., 3 1972 Convention, supra note 1, at (remarks by Delegate Martin announcing the tactical advice to him by a reporter). Advocates, by reason of the convention and several years of preparation, already were organized, but the scattered distribution of Montana’s population rendered it difficult for opponents to marshal their forces within the available time. Associated Press, Delegates Set June 6 for Constitution Vote , Great Falls Tribune, Feb. 6, 1972, at 1. Numerous civic associations supported the “pro