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Abstract

This Essay is based on a lecture presented at the Thomas M. Jorde Symposium to honor Justice William J. Brennan, Jr. The lecture was delivered first on October 16, 2017 at the University of California, Berkeley School of Law and then at the University of Chicago Law School on April 23, 2018. The ideas presented in the lecture were forged in a seminar entitled A Community of Equals that I taught at Yale over the last several years. I am grateful for the spirited discussions in the seminar and wish to thank the students in the seminar, and in particular, Jacob Gelman, for his perceptive research and editorial assistance.

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