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State was clearly entitled to consider the situation of women in employment, the fact that they are in the class receiving the least pay, that their
getting sued. But they have not traditionally faced the risk of getting sued for failing to discuss their risk of getting sued. They do now. In Ohio v
participants in Lord and colleagues’ study not only clung to their initial beliefs in the face of disconfirming evidence, but they also doubled down on them
their clients’ expressed wishes. Granted, some of these tactics may produce just or therapeutic outcomes; however, the subversive nature of this
ratification debate and then gradually declined as the country returned to a period of normal politics. These findings buttress Ackerman’s cyclic theory
these interests are so paramount, the theory goes, a state may criminalize acts that threaten them, wherever they may occur.57 For as long as
one of these mechanisms might be driving the result and they are essentially observationally equivalent in our data. Second, and relatedly, there are
historical tradition—to bring the outcomes of these cases in line with their own understandings of equality. But making equality determinations in the dark
because the plaintiff lacks a comparator. But under the current comparator regime, these cases, and the theories on which they rely, do not even get
rights of the Executive, the rules of just reasoning and theoretic propriety would of themselves teach us, that the one ought not to be left to the