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Daniel Lowenstein's avatar

The phrase "subjective and objective" would seem, under ordinary principles of statutory interpretation that in order to satisfy the standard, the conduct must be shown to be violative both when considered subjectively and when considered objectively. Thus, whether or not it was what the drafters intended, the new standard, in that respect, can be no less demanding and possibly more demanding (if adding a "subjective" standard adds any teeth) than a simple requirement of an "objective" violation

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