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The Trans-Pacific Partnership

more novel aspects go too far in carving out particular areas of regulation. See e.g., TPP Deal Includes Tobacco Carveout, Teeing up Fight with Congress , Inside US Trade (Oct. 9, 2015), available at https://insidetrade.com . A Definition of Investment As is usual in IIAs, the definition of investment in the TPP is broad, encompassing assets taking forms such as enterprises, shares and intellectual property. TPP, supra note 24, art. 9.1(a), (b), (f) (definition of investment). However, the definition is limited to those assets that have “the

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Lying and the First Amendment

purpose to deceive, are said to be inherently bad (morally disrespectful to the listener and dehumanizing to the liar), as well as bad in their consequences (poisonous to discourse and human relationships). Lying may also take the form of generating doubt where none is justified. The tobacco industry, for instance, “defended its primary product – tobacco – by manufacturing something else: doubt about its harm.” Naomi Oreskes & Erik M. Conway, Merchants of Doubt 34 (2010). Almost no one defends lying as a good thing. Thus, even when the Supreme Court all but

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