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Martin A. Schwartz, a law professor at Touro College - Jacob D. Fuchsberg Law Center, writes that one way to assess the significance of the Supreme Court's decisions in CBOCS West and Gomez-Perez is to consider what might have been. The Court, in one full swoop, could have held that the statutory text must control and rejected the right to assert a retaliation claim unless expressly authorized by Congress. Instead, the Court maintained vital civil rights precedents.
September 17, 2008 at 12:00 AM
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