underinclusive love


from Wiktionary, Creative Commons Attribution/Share-Alike License

  • adj. Not inclusive enough; tending to include too little.


from Wiktionary, Creative Commons Attribution/Share-Alike License

under- +‎ inclusive


  • Seems easy in a policy debate, but often much harder when it comes to writing the regs to not be overinclusive and underinclusive (which this rule is at the same time).

    Matthew Yglesias » Obama Administration Cracking Down on Human Rights Lobbyists

  • The takeover market is both underinclusive and overinclusive with respect to the companies that face discipline.

    California Energy Tax Proposal, Arnold Kling | EconLog | Library of Economics and Liberty

  • But you are either overemphasizing them or you have an underinclusive definition.

    The Volokh Conspiracy » The Double Standard of Libertarian Paternalism

  • Moreover, by eroding a principle so fundamental as the prohibition on torture, underinclusive prosecution renders more palatable the full range of other international law violations.

    Shahid Buttar: Losing Wars We Already Won (Part I): Torture vs. WWII

  • I'll just add that a fundamental problem with any no-fly list is that it's simultaneously overinclusive (all the Walter Murphy's in the world are on it) and underinclusive (some unknown terrorist is not).


  • The survey was also underinclusive because it excluded businesses, a large percentage of defendants 'business.

    Chicago IP Litigation Blog

  • The shareholder protectionrationale has been criticized as underinclusive, in that corporations also spend money on lobbying and charitable contributions in ways that any particular shareholder might disapprove.


  • We do not have statutes criminalizing everything that is bad, and to the extent we have statutes designed to prohibit certain bad behaviors, those statutes are often both overinclusive (reaching behavior that they weren't designed to reach) and underinclusive


  • I think Franklin's analysis of preemption cases is somewhat underinclusive (and possibly even incorrect); for instance, it is not merely that the conservative Justices might favor business interests (a view I think is overblown to some extent), but that the traditionally liberal Justices probably want to preserve state common law remedies for claimants even in the face of (sometimes clear) federal regulation (and accompanying preemption).


  • Finally, the third interest mentioned in the House report, "the government's interest in preserving scarce government interests" "does not provide a rational basis for that policy if the policy is, as a cost-saving measure, drastically underinclusive, let alone founded upon a prohibited or arbitrary ground."

    The Volokh Conspiracy


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