67 Am. U. L. Rev 1355 (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.  Ms. Polott wishes to thank Morgan Lewis associates Peter Byrne (San Francisco), Sarah Paige (Boston) and Bianca Eddy (Boston) for their assistance.

**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.