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certificates because sex was immutable.45 Same-sex couples could not le- gally engage in consensual sex nor marry because they could not procreate with
million estimate was considered “credib[le] in most medical and social science circles” in the 1960s, and that in 1968, Michael Burnhill, a physician and
Tien, supra note 22, at 5 (arguing that architectural regulation is “more dangerous” than le- gal regulation because it has less public visibility and
Legislative Courts, 43 Harv. L. Rev. 894 (1930). The line between le… Wilber Griffith Katz, Federal Legislative Courts, 43 Harv. L. Rev. 894 (1930). The
2011), https://www.justice.gov/sites/default/files/crt/legacy/2011/12/16/spd_findletter_12-16 -11.pdf [https://perma.cc/M96A-YPE7]; Letter from Thomas E
calvados, TTB did not take any domestic legal action for more than twenty years, leaving their legally protected status uncertain. More than thirty years
forth in S.B. 8, and the hospital and its attorneys are liable for the state’s le- gal fees despite their success in obtaining an injunction
21 J. LE- GAL STUD. 39 (1992). 123. T.M. Scanlon, Promises and Contracts, in THE THEORY OF CONTRACT LAW: NEW ESSAYS 86, 107 (Peter Benson ed., 2001
criticism of Fuller, see Andrew Kull, Reconsidering Gratuitous Promises, 21 J. LE- GAL STUD. 39 (1992). 123. T.M. Scanlon, Promises and Contracts, in THE
strengthen resistance to le- gal rules that might require employers to perform more careful criminal back- ground checks. *** As this Part has