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could, at least in theory, constitutionalize their enactments through the very fact of enacting them. Even if courts were to use other indicia of
not trust their institutions, including their institutions of law, or the people who run them. There is a growing sense that American constitutional
than one construction, judges have a number of interpretive tools at their disposal. One of these is the Charming Betsy canon, which encourages
are generated automatically by the computer and therefore retain all repetitive digits. Consequently, we do not follow The Bluebook in these instances
interest, but rather the private interests of groups that ei- ther have "captured" regulatory bodies, or have controlled them from the start through their
these are the commitments they have made. As a legal matter, then, I am less asking that Americans make new commitments than I am asking them to live up
views, then prosecutors and judges must, and will, resolve the individual cases before them in light of those realities. A legitimacy-based account of
then derives from Pirie’s work a new, general accounting of law, which I call the “polythetic” definition. To be clear, I cannot ascribe this theoretical
by these theories to assert the novel theory that an individual’s presence in a space is significant not just in the characterization of that space as
infor- mation both about these changes and about the parties responsible for effectu- ating them. Such transparency at least theoretically invites