67 Am. U. L. Rev. 529 (2017) *The Class of 1937 Professor of Law, Tulane University Law School.  I am grateful to the American University Law Review for soliciting this Response from me and for excellent editing assistance.  Thanks also to Chris Edmunds and David Meyer for helpful comments. Download PDF At a time when…

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66 Am. U. L. Rev. 1459 (2017) *Senior Note & Comment Editor, American University Law Review, Volume 67; J.D. Candidate, May 2018, American University Washington College of Law; B.A., American Studies, 2012, Connecticut College.  I would like to thank my family for their unwavering support and encouragement throughout law school.  In addition, I am incredibly grateful for…

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65 Am. U. L. Rev. 1461 (2016) *Note & Comment Editor, American University Law Review, Volume 66; J.D. Candidate, May 2017, American University Washington College of Law; B.S., Political Science, 2013, Shepherd University.  I would like to thank Professor Stephen Wermiel for his invaluable guidance and remarkable perspective on this topic.  I would also like to…

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65 Am. U. L. Rev. 607 (2016) *Adjunct Professor of Law, Georgetown University Law Center; Partner, Levine Sullivan Koch & Schulz, LLP.  Mr. Levine and/or his law firm served as counsel for a defendant or amici curiae supporting defendants in several of the cases referenced in this Essay.  He is co-author with Stephen Wermiel of…

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