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international lawyers of the later nineteenth century.”). 11. See 1 Vattel, The Law of Nations, supra note 10, at 17 (contrasting custom and treaties as
15. See, e.g., Sam Erman, Accomplices of Abbott Lawrence Lowell, 131 HARV. L. REV. F. 105, 112 (2018) (noting that “the Harvard Law Review was host to
activity, the states are likely to continue lawmaking. It is not only that state sectoral laws often will precede federal sectoral law in the United
common lawyers’ elaborate ideas about “the ancient constitution” of England in order to accept the common law of property or contract. The common
authors . Neil Richards is Thomas and Karole Green Professor of Law, Washington Univer- sity School of Law; Affiliate Scholar, The Center for
West 2011); N.J. ADMIN. CODE 13:54-1.4 (2007); N.Y. PENAL LAW § 400.00 (McKinney 2013); R.I. GEN. LAWS ANN. § 11-47-11 (West 2013). 54. See
the law as “[c]onstitutive of [c]onsciousness”). 53. Lawyers asked numerous witnesses about whether the Spencers had a “peculiar odor that is
more properly be considered a product of law. Consider, for example, the history of sumptuary laws, which regulated the kind of clothing that
PRINCIPLES OF THE ADMINISTRATIVE LAW CONCERNING THE RE- LATIONS OF PUBLIC OFFICERS 14 (1903) (“The internal law governs the processes by which the laws in
law professor, the lawyer, and even the law student, reform and regulation are the ever-present terrain.10 In courtrooms, classrooms, and law reviews