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Notes -
I think part of it is that a good portion of this is a back door way of regulating things. It would be almost impossible to pass some of these rulings legislatively. No government is going to waste time regulating the temperature of coffee. But the fear of lawsuits can have the same effect without all that nasty legislation that your opponent can use against your tribe. Most anti discrimination stuff is actually like this. It’s illegal to refuse to hire on the basis of certain characteristics. The law as written is unenforceable (hence the police don’t randomly inspect for diversity). But, if you’re [minority] and you think you’re being discriminated against, you can sue them (free to you, and expensive enough to them that they’ll often settle) giving those who sue for damages a payday. Mostly it’s a way to enforce laws that would Be impossible to enforce or legislate by giving citizens a payday for suing.
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