Simon Rottenberg’s 1956 analysis of this activity’s labor market posits that the no-notice salary reductions faced by some workers are offset by a large “psychic income.” The word “the” is footnoted with a citation to its OED definition in William S. Stevens’s parody law review article about “the common law origins” of a feature of this activity. The evolution (-5[1])of permissibility and presuppositions during conversations is notated by analogy (15[1])to this activity in a paper by (*) David Lewis. (10[1]-5[1])During his confirmation (10[1])hearings, John Roberts (10[1])used an analogy (10[2])to this activity to advocate for judicial restraint. Laws that give life sentences to habitual offenders are known by an idiom derived (10[1])from this activity. (10[2])For 10 points, name this activity, the source of the phrase (10[1])■END■