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plaintiffs of their own sex. Thus, although the foundational sex discrimination cases of the 1970s were historic and groundbreaking—they established that
Inc. Merger]. Taken together, these provisions recognize both broader allegations and those that meet a higher legal threshold. They are still
to govern rail networks. As one measure of success, profits suggest that the railroads have thrived. But they have thrived precisely by undermining the
reform.1 More than half of the national constitutions in existence today were written or rewritten in the last thirty years.2 This flurry of
students and federal enforcement actions, showing the roles that gender stereotyping and anti-LGBT animus play in these cases. This Part concludes by
those states reducing these men to slavery again . . . for every little petty offense . . . . They may provide that no man shall exercise the elective
so that receive plenary review.2 Most of this work takes place completely outside the view of the parties, their advocates, and the public. The
these threats were illegitimate because they “run con- trary [to] the tenet of Delaware law that directors cannot justify their actions by arguing
on their services, even though they do not actually provide anywhere near the scale of services that is needed.84 Indeed, there are far too many
significance of these contested claims is that they affect how we understand, even today, state sovereignty and the balance of federal and state power. This