65 Am. U. L. Rev. 1 (2015)

*Associate Professor of Law, Seattle University School of Law.  This Article was selected for presentation at the Sixteenth Annual Yale/Stanford/Harvard Junior Faculty Forum, held at Harvard Law School in June 2015.  I owe a debt of gratitude to Matt Autio, Steven A. Bank, Steven Bender, Rosa Carrasquillo, Brooke Coleman, Keith Demirjian, Lourdes Dick, Sam Erman, Rafael Gely, Carmen Gonzalez, Lily Kahng, Yair Listokin, Charlene Luke, Pedro Malavet, Omri Marian, Ajay Mehrotra, Elizabeth Porter, Diane Ring, Victor Rodriguez, Darien Shanske, and Joseph Thorndike for their helpful comments on earlier drafts.  This Work has also benefited tremendously from faculty workshop presentations at my home institution as well as at the University of Utah S.J. Quinney College of Law, and from comments received at the 2015 Northwest Junior Faculty Forum and the History and Fiscal Policy Panel at the 2015 Annual Meeting of the Law and Society Association. This Article was written in loving memory of my grandparents, Joaquin and Gloria Barros.