† Professor of Law and Associate Dean for Academic Affairs & Research, College of Law, Arizona State University. For comments and questions that helped me clarify issues left unresolved in my earlier work on equality, I am grateful to members of five audiences with whom I have shared these ideas over the last year or so: a colloquium at the School of Jurisprudence and Social Policy, Boalt Hall, University of California Berkeley in September 2000 (particularly Sandy Kadish, Jim Gordley, and Meir Dan-Cohen); a meeting of the Law, Culture and the Humanities Association at the University of Texas, Austin in March 2001; a faculty development colloquium at the Widener School of Law, Wilmington, Delaware, in April 2001 (particularly Brian Foley and Robert Lipkin); a colloquium with the law and history faculties of Syracuse University in April 2001 (particularly Ken Pennington); a colloquium with the Boston College Law School faculty in April 2001 (particularly Sharon Beckman, Scott FitzGibbon, Phyllis Goldfarb, Frank Herrmann, Ray Madoff, and Fred Yen). Jim Knapp provided helpful comments on an early draft. Michael Perry, Steve Smith, Steve Garvey, Jack Coons, Jeff Murphy, and Jean Porter provided generous help of different kinds, for which I am most grateful. Much of this Essay was written while I was Visiting Professor in the Boston College Law School, where Dean John Garvey provided generous support and warm encouragement of my work; it is a pleasure to record here my gratitude to him, and to those of his faculty who spent so much time talking equality with me. It is equally a pleasure to thank my Dean in Arizona, Trish White; her support and encouragement have been unstinting and impressive, and once again she is likely to agree with hardly a word of what I have written. My greatest debt of gratitude, finally, runs to Jack Coons, who first let me think about these things.