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878 LAVINBUK_POST_FLIP2_TABLES_FIXED 12/13/2004 5:39:09 PM 856 The Yale Law Journal [Vol
consolidate certain classes of state law claims.12 Federal laws regulating state court procedures stand at the next frontier of federalism. In hearings on
ADMINISTRATIVE LAW & PRACTICE § 2.11 (1997). The same elements appear in many state definitions of rules and regulations. See, e.g., MASS. GEN. LAWS
common law trial,84 or to enforce a common law judgment by means of an injunction or a decree of specific performance. Bringing that second lawsuit was
that surveillance capitalism is built on “lawlessness.”19 In her account, markets in data exist beyond law and operate by their own rules. It is not
this was the point of Lawrence Lessig’s influential 1999 book Code and Other Laws of Cyber- space. 54 Code could work like a kind of law, Lessig
governance and fundamental to the internal logic of the rule of law.103 Through his parable of Lex, the lawgiver, he demonstrated that legitimacy turns on
law works, having been a lawyer nearly half a century—with half of that time spent presiding over a large law firm. I also know something about how
Code of Professional Rules, nor the Restatement of the Law Governing Lawyers permitted a lawyer to bring a suit against a client without the client’s
Courts 900 C. Anti-Choice-of-Forum Laws and the FAA 902 v. implications for state legislatures: keeping litigation at home 905 the yale law