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recognized laws of trade operate but imperfectly at best in regulating the use made of these modern thoroughfares by those who thus both own and monopolize
of today. Perhaps this reflects the irony that, even as Justices have stepped back from overt political involvement, they themselves have become
these considerations are not logical proofs. They are unlikely to persuade someone who holds a different view, particularly the view that I refer to in
all of them legal process theorists, channeled their patron saint, Felix Frankfurter. 17 Obsessed with the supposedly antidemocratic nature of
but we might more plausibly see these as examples of highly successful entrenchments, given that they had a lifespan longer than those of many
This insight is possible, though, only if gay rights advocates compare the damaging nature of racial and sexual oppression rather than the
account of their gender? There are good reasons for endorsing either of these goals, but they are not the same. Until we are clear on when and why
nearly half of the women practicing law today believe that their employers treat them differently than they treat men, at least as far as advancement is
to the policy preferences of their affluent constituents than they are to those of their lower- and middle-class constituents.50 As Bartels put it
at least in part, but those that remain unpaid can account for thousands of dol- lars. Notably, the rates calculated here are higher than the City’s