66 Am. U. L. Rev. 691 (2017) 

*Professor of Law, Duke University School of Law.  Many thanks to Camille Gear Rich for her input on the title to this Article.  For their insightful feedback, I would also like to thank Margaret Hu, Wendy Greene, Suzette Malveaux, and attendees at the Tenth Annual Lutie Lytle Writing Workshop (Iowa City, Iowa, July 2016), as well as Susan Bisom-Rapp and participants at the XIV International Conference in Commemoration of Professor Marco Biagi (Modena, Italy, March 2016).  And last, but certainly not least, for their contributions to this work, I would like to thank my colleague, Lawrence Zelenak, the terrific editors at the American University Law Review, and my amazing research assistants, Matthew Craig, Kevin Zhao, and Christian Harris.