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their approach or an avoidable consequence. If the authors see some value to state-level property variation, as I do, then they have unexplained
theoretical quandary politically urgent. If the Justices were simply imposing their own liberal values onto these open-textured clauses, why should
the judgment that they were wrong to treat others as means to their ends.”79 At least on Coleman’s view, then, Weinrib’s approach offers no challenge
gerous” but rather feared they would not properly adjust to the United States); and then cit- ing Expatriation of Certain Nationals of the United
involves gender or sexuality—we may find the protections in these areas are not as robust as they once seemed. conclusion There is a substantial (and
fail, their ability to abstain on that information enables them only to avoid the additional losses they would incur from buying more shares at a price
like the actual map” in their racial characteristics, then “we could confidently conclude that [the actual] map did not dilute the effec- tiveness of
; Richard J. Pierce, Jr., The Role of the Judiciary in Implementing an Agency Theory of Government, 64 N.Y.U. L. REV. 1239, 1264 (1989) (“There is
the proliferation of market claims at the expense of their integrity. They thereby prioritized the collective goal of jurisdiction building over
they are not.64 The question remains whether there is a viable path to effectuate change around these vestiges of the past. To mount a constitutional