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a crime against a man’s property to the high premium placed on white women’s chastity and their social roles as wives and mothers. To make these
had at the time they were adopted as law, within the [legal] and linguistic community that adopted”8 them—“can typically be discovered by empirical
arbitration, since the employers themselves cra�ed these agreements.91 To invalidate them on these grounds, employers would have to argue that their
destroy their legacies in the court of public opinion, and doctrines that limit their dis- cretion prevent them from twisting the law in order to
these uses. These other resources and activities may well be rival, and, again, it is an empirical question whether to make the returns from them more
between these approaches can be gleaned from applying them to the following hypothetical. In the past three decades, a state has been moving
a mixture of passion and anger, humiliating encounters with the police” that they attributed to their race.2 By the end, police officers could do
also left other applications to the remaining rigors of the patent statute.13 Even then, § 101 was not thought to prohibit patents monopolizing
physical patterns formed by the presentation of the provisions themselves, such as their sequencing or symmetry. And a final one—“aperture”—calibrates
changed their constitutions,9 while forty enacted a broad range of statutory changes.10 7. In the majority’s view, there still may be protection