66 Am. U. L. Rev. 353 (2016)

*Associate Professor of Law, University of Iowa College of Law. J.D., Yale Law School, 2009; M.A., Oxford University, 2006; B.A., Oxford University, 1998. Many thanks to Emily Summers for excellent research assistance, and to Nicholas Doyle, Pooja Shah, Kent Ford, Josh Moore, Joseph Briscar, Jessica Cross, Aaron Garavaglia, Bradley Jensen, Julie Tavares and the Editors of the American University Law Review for their thorough and thoughtful editing of this piece. I am also very grateful to Bram Elias, Thomas Gallanis, Jean Han, Emily Hughes, Kit Johnson, Elizabeth Keyes, Jennifer Lee Koh, Christopher Odinet, Mariela Olivares, Anita Sinha, Maya Steinitz, and participants in the Central States Law Schools Association Scholarship Conference for their thoughtful comments on this piece.