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protective order that prevented the NAACP from communicating with potential class members in a case alleging racial discrimination.9 Rejecting the broad
just descriptive. For Lessig, the descriptive becomes the normative: what judges have done out of fidelity to role is what judges should do. 9
extensive those detrimental effects are likely to be.9 In this sense, the second part forms the evidentiary base for the thesis of the first part. In
supra note 26, at 8-9. PARRISHFINAL 12/18/2002 12:03 PM 934 The Yale Law Journal [Vol. 112: 925 political, moral, and spiritual ones (equality and
to an end.9 Courts’ tacit assumption that adults’ rights are irrelevant to discussions of custody seems to follow in this Kantian tradition. What
citizens.9 And in a pair of further judgments, the Court first ex- tinguished the ability of noncitizens detained by the federal government on im
Telecommuni- cations Corp. v. AT&T.9 That case presented the question whether the Federal Communication Commission’s (FCC’s) authority to “modify any
scrutiny balancing test from Sherbert and Yoder,8 or a weaker version of that balancing test that resembles intermediate scrutiny.9 Still, other
with men in the area of domestic violence is political work even as it is personal work. Unless the masculine psychology that condones 2. Id. at 9