Assistant Professor, University of Delaware. Ph.D., Johns Hopkins University, 2009; J.D., University of Pennsylvania, 1999. 1 am grateful for the fine research assistance of Jeremy Maerling. This piece also benefited from the thoughtful comments I received at the 2011 Southern Political Science Association Conference in New Orleans, the 2011 Law and Society Association Meeting in San Francisco, and the 2011 American Political Science Association Meeting in Seattle. I am particularly appreciative of the remarkable diligence of Patrick Clark, Benjamin Cady, Jonathan Fayer, and the other members of the editorial staff of the N. Y.U. Review of Law & Social Change.