We thank Professor Calvin Massey and the staff of the Hastings Law Journal, especially Henry Cheng, for the kind invitation to participate in this Symposium and for the wonderful hospitality. Thanks, too, to Eugene Volokh, who read an earlier draft and made valuable suggestions. Our initial draft cited cases decided as of February i, 2009. We have supplemented those cases with a few decided after that date, but owing to the publication schedule, we were unable to incorporate all cases decided after our February i cutoff date.