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There is every reason to admire the transformative analytic power of the DSI thesis: Professor Eskridge has persuasively identified the realities of what courts so often do. In this article, Professor Brudney raises questions about the dynamic role that Eskridge envisions for courts as a normative matter. Because DSI relies on post-enactment changes in the broader legal and ideological culture, it allows the judiciary to reshape legislatively determined priorities in light of exogenous legaldoi:10.2202/1539-8323.1029 fatcat:m7ik7o67m5h4dfdgds7dv54bcy