67 Am. U. L. Rev. 1411 (2018).

*Partner, Morgan, Lewis & Bockius, LLP.  J.D., American University Washington College of Law, 1996; B.A., Jewish and Near Eastern Studies, Washington University, 1993.  Ms. Polott was a Note & Comment Editor of the American University Law Review during law school.

**Associate, Morgan, Lewis & Bockius, LLP.  J.D., George Mason University Antonin Scalia Law School, 2012; B.A., Political Economy, French, and Asian Studies, Tulane University, 2009.  Ms. Fertig was an Articles Editor of the Journal of Law, Economics & Policy during law school.

This Article reflects the Authors’ current thoughts on the subject matter and should not be attributed, in whole or in part, to Morgan, Lewis & Bockius LLP or any of its clients.  This Article is not meant to convey legal opinions or legal advice of any kind.

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