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Will Rhee*
* ©Associate Professor of Law, West Virginia University College of Law. The author thanks Kim Forde-Mazrui, Thomas Geraghty, Victor Quintanilla, Cassandra Burke Robertson, and my wonderful West Virginia University colleagues for their outstanding comments; Jared Jones and Kiersan Smith for their excellent research assistance; and Joan Magat, Ruth Anne Robbins, Ian Gallacher, and Sara Benson for their superb editing. This article was presented at the June 25, 2010, Ohio Legal Scholarship Workshop and the April 20, 2011, West Virginia University College of Law faculty colloquium. Finally, I thank the Hodges Research Fund for funding. All errors are my sole responsibility. I welcome comments at william.rhee@mail.wvu.edu.