Professor of Law and Associate Dean of Faculty Development, University of Richmond School of Law. Thanks to the faculty of Vanderbilt Law School, particularly Suzanna Sherry, for the insightful comments and questions I received while workshopping this piece there. Special thanks to Eric Berger, Jud Campbell, Jessica Erickson, Jim Gibson, Meredith Harbach, Paul Lombardo, Shari Motro, Abigail Perdue, Wendy Perdue, Allison Tait, Mary Kelly Tate, and Adrian Vermeule for comments on earlier drafts, and to Dan Hogan, Zack McDonald, and Holly Wilson for their excellent research assistance.