Epstein Secrets

ocietal ends." Id. at 146. n82 Douglas Kysar, The Consultants' Republic, 121 HARV. L REV. 2041, 2073 (2008) (book review) (interpreting Kahan). n83 Kahan, supra note 45, at 145 n84 I have previously critiqued "expressive overdetermination" for its "unwarranted agnosticism" regarding the content of wor

Page 41 21 Health Matrix 189, * n80 Id. n81 Id. Kahan provides several examples of the utility of "expressive overdetermination" in public health regulation. For example, he argues that world-view confl

erned with pursuing the ways in which Kahan's model might usefully be employed by corporations in their external and internal speech. n85 Professor Lyman Johnson's call to authorize religious language in the boardroom might provide a practical adjunct to the project of expressive-overdetermination in board go

ocietal ends." Id. at 146. n82 Douglas Kysar, The Consultants' Republic, 121 HARV. L REV. 2041, 2073 (2008) (book review) (interpreting Kahan). n83 Kahan, supra note 45, at 145 n84 I have previously critiqued "expressive overdetermination" for its "unwarranted agnosticism" regarding the content of wor

Page 41 21 Health Matrix 189, * n80 Id. n81 Id. Kahan provides several examples of the utility of "expressive overdetermination" in public health regulation. For example, he argues that world-view confl

erned with pursuing the ways in which Kahan's model might usefully be employed by corporations in their external and internal speech. n85 Professor Lyman Johnson's call to authorize religious language in the boardroom might provide a practical adjunct to the project of expressive-overdetermination in board go

& O'Hara, supra note 60, at 1720. n78 See supra text accompanying notes 41-56. n79 Kahan refers to this as the requirement of "expressive candor." Kahan, supra note 45, at 145. For internal use only CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0075641 CONFIDENTIAL SDNY_GM_00221825 EF

these tales then "provide a supplemental source of gossip, criticism, and sanction for this set of actors [i.e., directors and officersr); see also Lyman Johnson. Counter-Narrative in Corporate Law. Saints and Sinners, Apostles and Epistles, 2009 MICH. STATE L. REV. 847 (2039) (extending Rock's thesis with sp

& O'Hara, supra note 60, at 1720. n78 See supra text accompanying notes 41-56. n79 Kahan refers to this as the requirement of "expressive candor." Kahan, supra note 45, at 145. For internal use only CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0077558 CONFIDENTIAL SDNY_GM_00223742 EF

these tales then "provide a supplemental source of gossip, criticism, and sanction for this set of actors [i.e., directors and officersr); see also Lyman Johnson. Counter-Narrative in Corporate Law. Saints and Sinners, Apostles and Epistles, 2009 MICH. STATE L. REV. 847 (2039) (extending Rock's thesis with sp