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Constitutional Law

Brooding Omnipresences

This section is the most irrelevant for constitutional law generally, but most relevant for the development of the interpretive theory of the book. The ultimate focus is the Sosa and the understanding it evinces of the evolution from Swift to Erie. There is a great deal of argument about whether that understanding is correct. But for the purposes of the book, whether it is correct or not is not really relevant. If it is as the justices describe it in Sosa, what does that say about the nature of fidelity? -LL