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Richard B. Saphire is a Professor of Law, University of Dayton School of Law. This essay is a somewhat revised version of a response to the principal paper, delivered by Professors Thomas L. Shaffer and Robert E. Rodes Jr. of the Notre Dame School of Law, presented at the Vincent R. Vasey Symposium, held at the University of Dayton School of Law on January 25, 1989.

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