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" ... From Southwest’s inception until 2005, they served IAH airport. After creating a strong base at Houston’s Hobby airport, they then reduced their IAH service to just a few flights to Dallas. But for Continental Airlines at the time, who had a big hub at IAH (now United’s), those few flights represented what economists call a contestable market condition. Effectively, these flights acted as a warning to Continental not to “misbehave,” else pricing from Houston to a lot of places could be upset just by these flights with connections to Dallas. ... "
" ... Most suits for breach of fiduciary duty in the private context are highly contestable given the key role of the business judgment rule in evaluating corporate decisions. Many shareholders might prefer that these suits not be brought at all. But with Fannie and Freddie, the charge against the government is self-dealing whereby the government takes money out of the coffers of Fannie and Freddie and gives nothing in return. Faced with these serious charges, the government invokes a variety of dubious procedural and substantive defenses to claim that high government officials, unlike their private counterparts, should never be held to answer for their potential misdeeds in a court of law. Judge Sweeney should not aid the government in its pursuit of this unworthy objective, but should allow the discovery in her courtroom to proceed as planned. ... "
" ... Perhaps the Constitution can survive four years of a Clinton administration, but many regard this as a very contestable proposition. So one is left with a puzzle. How can 54 distinguished persons (52 men and only 2 women – maybe women really are smarter) produce such a strange document? And they really are distinguished – the best-known public name is George Will, but the list includes Richard Epstein, arguably the most acute legal thinker alive today, and others of comparable caliber. ... "
" ... “Conservation-easement cases might have been more reasonably resolved case-by-case in contests of valuation. The syndicated conservation-easement deals with wildly inflated deductions on land bought at much lower prices would seem perfectly fine fodder for feeding into a valuation grinder. Valuation law is reasonably well known, and valuation cases are exceptionally capable of settlement. ...... Yet we’ve come to a point where we are disallowing a great many conservation-easement deductions altogether, not for exaggeration of their value or lack of conservation purpose, but because of very contestable readings of what it means for an easement to be perpetual.” (Emphasis added) ... "
" ... • Eviction moratoriums and other legally contestable policies. ... "