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88 Wash. U. L. Rev. [i] (2010-2011)

handle is hein.journals/walq88 and id is 1 raw text is: Washington University Law Review VOLUME 88 NUMBER 1 2010 © 2010 by Washington University CONTENTS ARTICLES IN SEARCH OF A THEORY OF DEFERENCE: THE EIGHTH AMENDMENT, DEMOCRATIC PEDIGREE, AND CONSTITUTIONAL DECISION MAKING ......... Eric Berger 1 THE SCOPE OF CONGRESS'S THIRTEENTH AMENDMENT ENFORCEMENT POWER AFTER CITY OF BOERNE V. FLORES .................Jennifer Mason McAward 77 MEASURING THE TRUE COST OF GOVERNMENT BAILOUT............Cheryl D. Block 149 NOTES NEW TWISTS ON AN OLD PLOT: INVESTORS LOOK TO AVOID THE WASH SALE RULE BY HARVESTING TAX LOSSES WITH EXCHANGE- TRADED FUNDS .................Garrett M Fischer 229 TREMENDOUS UPSIDE POTENTIAL: HOW A HIGH-SCHOOL BASKETBALL PLAYER MIGHT CHALLENGE THE NATIONAL BASKETBALL ASSOCIATION'S ELIGIBILITY REQUIREMENTS ..................Joseph A. Litman 261 COMMENTARY JUSTICE SOUTER AND THE CIVIL RULES......Scott Dodson 289

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