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the resulting child.22 In 1973, the National Commission on Uniform State Laws (later the Uniform Law Commission) promulgated the Uniform Parentage Act
O’Connor College of Law at Arizona State University. Thanks to Ron Cass, Gary Lawson, Michael McConnell, and John Ohnesorge for early discussions and
granted, No. 12-96 (U.S. argued Feb. 27, 2013). the yale law journal online 123:131 2013 132 laws by covered jurisdictions, a decision
COLONIAL LAWS OF NEW YORK FROM THE YEAR 1664 TO THE REVOLUTION 18 (Albany, N.Y., James B. Lyon 1896) (containing a nearly identical perambulation law to
lawyers did not stem from their supposed racial ignorance, for even knowledgeable defendants might have missed these fine points of law. In
Feb. 5, 2018), http:// www.pewinternet.org/fact-sheet/mobile [https://perma.cc/FY9Y-25KQ]. the yale law journal forum April 1, 2019 1018 laws—laws
beyond the reach of American law.2 Unfortunately for the conspirators, the Supreme Court did not agree. Instead, in United States v. Bowman, the Court
normative claims about “popular sovereignty,” “popular consent,” “higher law,” and “higher- lawmaking.” In this essay, I examine these claims and find
imagines the past and distorts it with hope. The times surely were out of joint in the late 1960s, yet now I recall those Yale Law School days as
Associa- tion has declared that lawyers should not “advocate for or contribute to [disen- rollment] . . . without equal protection at law or due process of