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adopted some form of "major anti-takeover legislation." See 42 States Currently Have Anti-takeover Laws, ABA Group Told, 22 Sec. Reg. & Law Rep. (BNA) No
17. See William N. Eskridge, Jr. & Philip P. Frickey, Quasi-Constitutional Law: Clear Statement Rules as Constitutional Lawmaking, 45 VAND. L. REV
“Health Laws of Every Description”: John Marshall’s Ruling on a Federal Health Care Law, 12 ENGAGE 49 (2011), available at http:// www.fed-soc.org
and interpretation” and citing MARY WARE DENNETT, BIRTH CONTROL LAWS 11-14 (1926)); see also C. THOMAS DIENES, LAW POL- ITICS, AND BIRTH CONTROL 42
challenge alleges that the disputed law is “inherently unconstitutional, regardless of factual circumstances of a particular case.”4 In theory, the
266 THE YALE LAW JOURNAL FORUM O C T O B E R 2 2 , 2 0 1 8 Continuity and Change in the Draft Restatement (Third) of Conflict of Laws
there is one major difference: a positive law title is itself enacted into law as a statute that also repeals the existing laws that the positive law
as the “age of statutes.”18 Written laws have replaced common-law rules as the primary source of public and private ordering. In his important and
politics, * J. Skelly Wright Professor of Law, Yale Law School. I am indebted to Bruce Ackerman as well as to the contributors to this Feature