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” WASH. POST, June 3, 1994, at A1 (“worst setbacks”) (quoting Cassandra Thomas, president of the National Coalition Against Sexual Assault); Editorial, When “No” Means Nothing, ST. LOUIS POST-DISPATCH, June 6, 1994, at 6B (“most unambiguous word”) (quoting Deborah Zubow of the Women’s International League for Peace and Freedom); see Rosemary J. Scalo, What Does “No” Mean in Pennsylvania? The Pennsylvania Supreme Court’s Interpretation of Rape and the Effectiveness of the Legislature’s Response, 40 VILL. L. REV. 193, 216–19 (1995); for Pennsylvania’s current laws on sexual crimes, see 18 Pa. Cons. Stat. Ann. §§ 1321–28; see also Mustafa K. Kasubbai, Destabilizing Power in Rape: Why Consent Theory in Rape Law Is Turned on Its Head, 11 WIS. WOMEN’S L.J. 37, 63 (1996).

16. Kahan, supra, at 733, 734.

17. See, e.g., Dan Kahan & Donald Braman, Cultural Cognition and Public Policy, 24 YALE L. & POL. REV. 147 (2006); see generally the work of Kahan’s Cultural Cognition Project at Yale Law School, http://www.culturalcognition.net.

18. Kahan borrows these classifications from the work of Mary Douglas. See MARY DOUGLAS, NATURAL SYMBOLS 54–68 (1970); MARY DOUGLAS & AARON WILDAVSKY, RISK AND CULTURE (1982). See also Kahan & Braman, supra, at 150–51.

19. See MALCOLM GLADWELL, THE TIPPING POINT (2000); Sushil Bikhchandani, David Hirshleifer & Ivo Welch, A Theory of Fads, Fashion, Custom, and Cultural Change as Informational Cascades, 100 J. POL. ECON. 992 (1992); Sushil Bikhchandani, David Hirshleifer & Ivo Welch, Learning from the Behavior of Others: Conformity, Fads, and Informational Cascades, 12 J. ECON. PERSP. 151 (1998).

20. An account of the mugging appeared in the Boston Globe. See John R. Ellement & John M. Guilfoil, Bystanders Help Stop Attack, Parking Valet and Victim Strike Back, BOSTON GLOBE, Nov. 4, 2009.

21. ELIZABETH LOFTUS & KATHERINE KETCHAM, WITNESS FOR THE DEFENSE: THE ACCUSED, THE EYEWITNESS, AND THE EXPERT WHO PUTS MEMORY ON TRIAL 11–12 (1991).

22. See Devah Pager et al., Discrimination in a Low-Wage Labor Market, 74 AM. SOC. REV. 777, 777 (2009) (study showing that “black applicants were half as likely as equally qualified whites to receive a callback or job offer. In fact, black and Latino applicants with clean backgrounds fared no better than white applicants just released from prison”).

23. See Lynch v. Donnelly, 465 U.S. 668, 673 (1984) (“The concept of a ‘wall’ of separation is a useful figure of speech probably deriving from views of Thomas Jefferson . . . but the metaphor itself is not a wholly accurate description of the practical aspects of the relationship that in fact exists between church and state.”).

24. The case is Salazar v. Buono, 559 U.S. ___ (2010). The best web resource for Supreme Court opinions is Cornell University Law School’s Legal Information Institute website: see http://www.law.cornell.edu/supct/index.html.

25. Transcript of Oral Argument in Salazar v. Buono, available at http://www.supremecourtus.gov/oral_arguments/argument_transcripts/08–472.pdf.

26. Adam Liptak, So, Guy Walks Up to a Bar, and Scalia Says . . ., N.Y. TIMES, Dec. 31, 2005.

27. 559 U.S. ___ (2010) (opinion of Kennedy, J.).

28. See Don Braman, “Scalia and the Cross,” a blog entry on the website of the Cultural Cognition Project, available at http://www.culturalcognition.net/blog (quoting Penn Law Professor Stephen Burbank: “Because they are not generally aware of their own disposition to form factual beliefs that cohere with their cultural commitments [judges] manifest little uncertainty . . . But much worse, because they can see full well the influence that cultural predispositions have on those who disagree with them, participants in policy debates often adopt a dismissive and even contemptuous posture towards their opponents’ beliefs. . . .”).

29. Id.

30. See David Koon, A Boy and His Flag: Why Will Won’t Pledge, ARKANSAS TIMES, NOV. 5, 2009.

31. President Bush quoted in James Gerstenzang, Response to Terror: Bush Works to Get a Point Across: Time for Life to Return to Normal,