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negotiated and renegotiated in piecemeal fashion through expensive and time-consuming adversarial proceedings that result in unpredictable attempts at
presence of an attractive female flight attendant.”104 100. See JUDITH BUTLER, GENDER TROUBLE 7 (1990); Franke, supra note 53, at 5. 101. Backus v
add Elections Clause claims atop state law challenges, in case a new theory sticks.”). × See Litman & Shaw, supra note 13, at 1258-68 (citing
The Negro and the Labor Unions, Atlantic Monthly, June 1913, at 756. Niagara’s Declaration of Principles, 1905, supra note 11, para. 9. Du Bois, in
corporation to enable the latter to construct a 90. Town of Milton v. Att’y Gen., 49 N.E.2d 909, 910 (Mass. 1943). 91. Id. at 910. 92. Id. at 910
the 1980s, at 40 & 49 n.43 (Lawbook Exchange 2001) (1983); Richard K. Neumann, Jr., Osler, Langdell, and the Atelier: Three Tales of Creation in
Who Hasn’t Spoken from the Bench in 5 Years, Takes a Hard Line on Criminal Defendants, USA TODAY (June 13, 2011), at A1 (recount- ing cases in
Stremitzer, Remedies On and Off Contract, 120 YALE L.J. 690 (2011). 2. Id. at 693. The authors also use their results to offer a tentative explanation
rules should be default or mandatory but paid little attention to the second or third questions.2 At the time, it was implicitly or explicitly
the plaintiff’s attorney failed to file the report of conference of counsel within ten days). × See id. ¶ 8, 704 A.2d at 869; U.S. Bank Nat’l Ass’n v