* Professor of Law, Cumberland School of Law, Samford University. A.B., Stanford, 1976; J.D., Harvard, 1979. The author is grateful to his colleagues David J. Langum and R. George Wright, themselves the authors of several scholarly books and numerous articles, for their comments concerning this essay.

1. A Muted Fury: Populists, Progressives, and Labor Unions Confront the Courts, 1890-1937 (1994) (Princeton University Press); Forging New Freedoms: Nativism, Education and the Courts, 1917-1927 (1994) (University of Nebraska Press); The Honest Hour: The Ethics of Time-Based Billing By Attorneys (1996) (Carolina Academic Press).