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meaning and role by supplementing Lessig’s rich historical account. In doing so, we hope to show that the two fidelities Lessig identifies go hand in
the nation. A. Solutions Prioritizing State Law There have been at least ten legislative attempts to replace the McDade Amendment, but none has
perma.cc /2A92-GWUS]. All or virtually all examples of legal indeterminacy are examples of underde- terminacy. 4. See LESSIG, supra note 1, at 63-64
& LEIB, supra note 2, at 174 n.1 (citing Melissa Murray, The Networked Family: Reframing the Legal Understanding of Caregiving and Caregivers, 94 VA. L
constitution basket. Support for the role that state constitutions play in expanding individual rights could come from at least four sources: (1) legal
LEGAL STUD. 201 (2010). 69. Id. at 204. 70. Id. 71. See Lee Anne Fennell, Taking Eminent Domain Apart, 2004 MICH. ST. L. REV. 957, 962-66; see also
39 J. LEGAL STUD. 201 (2010). 69. Id. at 204. 70. Id. 71. See Lee Anne Fennell, Taking Eminent Domain Apart, 2004 MICH. ST. L. REV. 957, 962-66; see
including service and equipment, was less each year than maintaining the state’s lever machines.116 Rhode Island’s lease-to-own agreements—including
exercise of judgment about the legality of existing practices by the executive branch. Settlement agreements, by definition, resolve uncertain legal