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especially costly, be- cause they chill the very conduct the antitrust laws are designed to protect.”); infra Parts I & II. the yale law journal forum
counsel broadly and functionally, i.e., not just as the right to a warm body with a law degree, but as the right to do what we expect good defense lawyers
Mason, Daniel Meltzer, Aziz Rana, Richard Schmalbeck, Steven Shiffrin, Kevin Walsh, Lawrence Zelenak, and the editors of The Yale Law Journal
Assistant Professor of Law, University of Texas School of Law. I would like to thank Mitch Berman, Steve Bickerstaff, Josh Chafetz, Adam Cox, Justin Driver
practice, identifying a theory of harm and how it matches the law, examining the issues that courts are likely to encounter, and attempting to anticipate
antimiscegenation statutes); Andrew Koppelman, The Miscegenation Analogy: Sodomy Law as Sex Discrimination, 98 YALE L.J. 145 (1988) (arguing that laws
decisions. Third, property law’s foundation in state law reduces the Supreme Court’s ability to enforce uniform application of constitutional norms. 1
contracts, property, and civil procedure or into constitutional law. Administrative actions that do not provoke a lawsuit that can be fit within any
lawmaking to siphon substantive areas of law away from the courts). 12. See, e.g., Act of May 10, 1770, 1770 Conn. Pub. Acts 352 (establishing procedures
process and resulting private lawmaking to siphon substantive areas of law away from the courts). 12. See, e.g., Act of May 10, 1770, 1770 Conn. Pub