Cornell Law Review

Evan D. Bernick, Paul Gowder & Anthony Michael Kreis

Associate Professor of Law, Northern Illinois University College of Law; Professor of Law, Northwestern University Pritzker School of Law; and Assistant Professor of Law, Georgia State University College of Law.  Authors’ names are listed in alphabetical order.  The authors thank Maggie Blackhawk, Christine Kexel Chabot, Jack Chin, Stella Burch Elias, Paul Lombardo, Ryan Rowberry, and Melissa Stewart for helpful suggestions.  The authors alone are responsible for the content of this Essay and any mistakes therein.

Roger Michalski

Roger Michalski holds the Arch B. & Jo Anne Gilbert Professorship of Law, University of Oklahoma College of Law. The author would like to thank Melissa Mortazavi for her helpful feedback on earlier drafts. A special thanks to Emily Taylor Poppe. This article grew out of a previous article co-authored with her and it would not exist without her.

Zachary J. Gubler

Marie Selig Professor of Law, Arizona State University, Sandra Day O’Connor College of Law. 

Alan J. Meese

Ball Professor of Law and Director, Center for the Study of Law & Markets, William & Mary Law School.  

David S. Coale

Partner, Lynn Pinker Hurst & Schwegmann, LLP, Dallas, Texas.  

Jay Katz

Josh A. Roth
J.D. Candidate, Cornell Law School, 2024.

Brian Callaci & Sandeep Vaheesan
Chief economist, Open Markets Institute & Legal director, Open Markets Institute

Lynn A. Baker, Frederick M. Baron Chair in Law, University of Texas School of Law & Andrew Bradt, Professor of Law; Associate Dean of J.D. Curriculum & Teaching; University of California, Berkeley School of Law

Elizabeth Chamblee Burch, Fuller E. Callaway Chair of Law, University of Georgia School of Law

Jill Goldenziel
Professor, National Defense University-College of Information and Cyberspace. Ph.D., A.M., Government, Harvard; J.D. NYU Law; A.B. Princeton

Ediberto Román, Professor of Law, Florida International University & Ernesto Sagás, Professor of Ethnic Studies, Colorado State University

Lauren Tonti, M.P.H Harvard T.H. Chan School of Public Health, J.D. Case Western Reserve University School of Law, B.A. Wellesley College

Curtis E.A. Karnow, Judge of The California Superior Court (County of San Francisco)

D. Daniel Sokol, Carolyn Craig Franklin Chair in Law and Business, USC Gould School of Law & Feng Zhu, Professor of Business Administration, Harvard Business School

Edward D. Cavanagh, Professor of Law, St. John’s University School of Law

Travis S. Andrews, J.D., University of Virginia, 2016

Lisa M. Fairfax,  Alexander Hamilton Professor of Business Law, George Washington University School of Law

Luis Fuentes-Rohwer, Class of 1950 Herman B. Wells Endowed Professor of Law, Indiana University Maurer School of Law

Guy-Uriel Charles, Edward & Ellen Schwarzman Professor of Law, Co-Director, Center on Law, Race, and Politics, Duke Law School

Einer Elhauge, Petrie Professor of Law, Harvard Law School

Colin Mayer, Peter Moores Professor of Management Studies, Saïd Business School, University of Oxford

William Savitt, Partner, Wachtell, Lipton, Rosen & Katz

Aneil Kovvali, Harry A. Bigelow Teaching Fellow & Lecturer in Law, University of Chicago Law School

Michael Slomovics, J.D., Yale Law School, 2021

Sital Kalantry, Associate Professor of Law, Seattle University School of Law

Jennifer Bennett Shinall, Professor of Law, Vanderbilt Law School

Lawrence B. Solum, Carmack Waterhouse Professor of Law, Georgetown University Law Center

Cass R. Sunstein, Robert Walmsley University Professor, Harvard University

Thomas W. Merrill, Charles Evans Hughes Professor, Columbia Law School

Erwin Chemerinsky, Dean and Jesse H. Choper Distinguished Professor of Law, University of California, Berkeley School of Law.