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a right that others pay their share for the benefits they receive, then the wrong should be character- ized by unpaid contribution or by the wrongful
not pressing; their opposition delayed passage of the law for three years. 323 Even beyond that, while there was a theo- retical gulf, in 1993 it was
went fur- ther by holding that private parties to a contract had to comply with the consti- tutional requirements as well, at least if they wanted their
purchase their tickets at once for the whole period that they will spend at the resort; they can then spend more time on the slopes . . . and less
tices’ summer vacations.36 These are all bad ideas. First, the one result they can be counted upon to produce is more litigation, with all its
“The past is a foreign country: they do things differ- ently there.” L.P.HARTLEY, THEGO-BETWEEN 7 (1953). 291. Kanter v. Barr, 919 F.3d 437, 454, 464
form the basis for judicial decision, so to say that courts must articulate them is simply to say that they must give reasons for their decisions. And
protected. If some people’s voting rights are denied or diminished, then none of their other rights are safe. Ironically, at the moment these words were
to amplify stories by adding details and meanings to them” as a form of “ambiguity”). 99. See Sosa, supra note 15, at 117 (“If the thermometer is to
animals are worth very little in terms of dollars and cents. However, their esthetic value is great indeed. The pleasure of simply observing them