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Response to Commentators, 88 California Law Review 119 (2000)


Academic life contains few pleasures more intense than writing for

an audience as astute and as generous as the four commentators to my

Brennan Lecture. As this Response demonstrates, I have learned much

from them, particularly regarding the logical relationship between the

dominant conception and the sociological account. What I chiefly wish to

stress, however, is my deepest gratitude for their constructive and discerning


Tom Grey, for example, makes an excellent and useful point about the

potential tension between the rule of law and what I call in my Lecture the

"sociological approach."' Grey is entirely correct to stress that the insights

yielded by a sociological apprehension of antidiscrimination law could

encourage overly ad hoe and contextualized judgments, which the internal

morality of the law ought properly to resist.

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