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It is an honor to have my two-tier thesis examined and operated upon by two such experienced legal surgeons as Daniel Meltzer and Martin Redish. Alas, the prognosis, according to these two juris doctors, is none too good. Redish pronounces the thesis virtually dead on arrival; Meltzer, though more cautious and less colorful, is in the end not very encouraging. But, dear reader, do not be fooled. The two-tier thesis is very much alive (and kicking).

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