Portions of this essay were adapted from William W. Fisher III, The Development of Modern American Legal Theory and the Judicial Interpretation of the Bill of Rights, in Michael J. Lacey, ed., A Culture of Rights (New York: Cambridge Univ. Press, 1991) and William Fisher, The Significance of Public Perceptions of the Takings Doctrine, 88 Colum. L. Rev. 1774 (1988). The research assistance of A. Mathew Thomas was very helpful in revising the essay.