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2003] Economics and the Demands of Contract Theory 919 At the same time, though, these theorists aspire to more than merely describing what courts do
infectious diseases. However, the licensure of these vaccines to private-sector companies under terms that do not ensure both their availability and
common law of nuisance, rather than holding that the federal common law was displaced by the Clean Air Act.8 Their argument in favor of this position is
could, at least in theory, constitutionalize their enactments through the very fact of enacting them. Even if courts were to use other indicia of
greater social distance from them.135 This study laid the groundwork for a metamorphic theory of power, “which asserts that through the repeated
drug use 1033 idea that it was the purpose of these child protection agencies to remove children from bad homes and put them in better homes; they
for then bravely taking that theory to its logical though controversial conclusions. He rightly emphasizes that the Constitution is supreme over
children (by denying their mothers welfare benefits), but they were unsuccessful. Rather than address the inequities caused by these suitability laws, in
Goodyear, Ledbetter’s salary was significantly lower than those of any of her male peers.3 The Supreme Court, however, held that Ledbetter could not