I think I had the same thought in the back of my mind, but after reading this thread, I tried shaking both the NDS Lite and Phat. The hinge on the Pandora appears to be noticeably tighter than that on either NDS. Any amount of shaking on the NDS causes the hinge to open all the way, even when it's at the slightly more raised locking point.
I really think the shaking issue is not really an issue.