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any that affected Native Americans in the 17th century. —Garry Wills, New York Times1 †Stanford Clinton Sr. Professor of Law, Director of the
It is therefore likely that in the long run, Gonzalez-Lopez will generate case law that approves trial courts’ denials of defense lawyers’ pro hac
less than $100,000 per year). the yale law journal 120: 1885 2 011 1886 policy may not be politically feasible6–or normatively desirable7
constitutional magnification. Aspects of positive law aimed at reducing the risk of prescribed 1. See JOSEPH VINING, LEGAL IDENTITY: THE COMING OF
Columbia Law School. 1. See STEPHEN HOLMES, THE ANATOMY OF ANTILIBERALISM 4-5 (1993) (describing the common basis of critique among adherents to an
considering their views, author. Circuit Judge, United States Court of Appeals for the Ninth Circuit; Law Clerk for Justice Sandra Day O’Connor, 2001-02
736-37 (2004). 6. RESTATEMENT (THIRD) OF THE LAW GOVERNING LAWYERS § 96 cmt. f (2000) (citing cases where attorneys were held liable for not
my often unpredictable career plans (as with any good Yale Law student), always with deep concern. Always with patience. Always with the same sense
460 THE YALE LAW JOURNAL FORUM J A N U A R Y 1 5 , 2 0 2 1 Introduction Eric H. Holder, Jr. This past July marked the 150th