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somewhat of a mystery, however, is how much the Justices continue to think about oral argument after they leave the courtroom and return to their
plaintiffs still face long odds on the actual merits of their claims, judges would sell short their institutional role if they dismissed such claims as
potentially important site of pleasure, fulfillment, and even power. In this sense, they share the approach of other “partial agency” feminist theorists
89 (1986) (describing how, where there is no way of avoiding hard choices, politicians can “circle the wagons” to ensure “no one has to stick their
employers continued to regard the family as the woman’s domain, they often denied men similar accommodations or discouraged them from taking leave. These
law. These are exactly the shots that appellate courts should be calling; they should not be allowed to assume away these important decisions. In
goes even fur- ther in saying that the Constitution prohibits stare decisis.48 Their disagreement with Paulsen and Harrison is therefore not based on
precisely because they are exposed to the day-to-day workings of the justice sys- tem and the flaws within it. In Part II, I contend that there is no
successful attempts to expand access for on-campus voters. It then examines potential policy solutions at the local, state, and federal levels. These
prisoners from the general population, typically in cells (either alone or with cellmates), and holding them in their cells for most of the hours of