67 Am. U. L. Rev. 1 (2017).

*Jeffrey Bain Faculty Scholar & Professor of Law, Lewis and Clark Law School.

**Philip H. Knight Professor of Law, University of Oregon School of Law.  We thank Charles W. Woodward IV (Research Associate, Environmental and Natural Resources Law Center, University of Oregon School of Law) and Olivier Jamin (LL.M. Candidate, J.D., 2017, Lewis and Clark Law School) for excellent research and editorial assistance.  And we are also grateful to the editors of this journal, who did an outstanding job of editing an Article with a plethora of diverse sources.