Assistant Professor, Boston College Law School; Yale University (J.D., B.A.); Oxford University (B.C.L.); Harvard University (LL.M.). Email: richard.albert@bc.edu. For helpful comments and conversations, I thank Carlos Bernal-Pulido, Brannon Denning, Rosalind Dixon, Oran Doyle, Tom Ginsburg, Claudia Haupt, Ran Hirschl, Rick Kay, Mark Kende, David Landau, Will Partlett, Vlad Perju, Arie Rosen, Yaniv Roznai, Ozan Varol, Tom Kohler, and John Vile. I am grateful for the useful suggestions and criticisms I received from the three anonymous external reviewers who recommended this submission for publication. I have also benefitted from presenting earlier versions of this article at Indiana University–McKinney School of Law, the University of San Francisco Law School, the 2013 Annual Meeting of the Law & Society Association, and in the 2012–13 AADS works-in-progress lecture series at Boston College. I am also grateful to the editors of the McGill Law Journal for their outstanding editorial contributions to this article. This project was supported by the Boston College Law School Fund.

Citation: (2013) 59:2 McGill LJ 225

Référence : (2013) 59 : 2 RD McGill 225