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Fordham Urban Law Journal

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I'm glad to go first on this panel, both because I need to be less clever in what I say to distinguish myself from what already has been said, and also because a couple of later speakers - who, as you will hear, have somewhat more credentials in litigation and in constitutional theory - can correct me where I go wrong. And, perhaps not coincidentally, after I say a few brief words about legal theory and the litigation outlook, my conclusion is going to be that neither of those subjects is really where the focus probably ought to be in the larger picture.

Now, the reason I can be fairly brief about the legal theory and the litigation outlook is that, as the litigations to date have shown and as I suspect this panel will demonstrate, as the issues have been framed in court to date, the range of disagreements is actually quite narrow.



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