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Abstract
A U T H O R S. Henry L. Shattuck Professor of Law and Professor of Law, Harvard Law School. We thank participants at The Yale LawJournal's Symposium for their stimulating questions. We also thank David Barron, Bradford Clark, Richard Fallon, Charles Fried, Elena Kagan, Elizabeth Magill, Henry Monaghan, Sai Prakash, Eric Posner, Nick Rosencranz, Matthew Stephenson, Peter Strauss, Cass Sunstein, and Adrian Vermeule for helpful comments, and Nick Degani, Tijana Dvornic, Jean-Denis Greze, Jeff Harris, and Christina Henk for excellent research assistance.
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