I am struck by the Court's use of the word "equality" in the last line of its holding. It seems an extraordinarily narrow use of "equality," when it excludes from consideration so much clear inequality. It, again, resembles the process by which the Parol Evidence Rule limits the meaning of documents or words by placing beyond the bounds of reference anything that is inconsistent, or, depending on the circumstances, even that which is supplementary. It is this lawyerly language game of exclusion and omission that is the subject of the rest of this essay.
The Obliging Shell: An Informal Essay on Formal Equal Opportunity,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol87/iss8/4