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Panayotis M. Protopsaltis

and their respective partners or even to the creation of a U.S./EU-led trade organization with WTO rules remaining a second best choice for trading with the United States and the European Union. The Trans-Pacific Partnership Agreement (TPP) and the TTIP, as Pitschas in this volume explains, represent “a watershed for the multilateral trade system, just as TPP,” Christian Pitschas, Transatlantic Trade and Investment Partnership (TTIP): The Devil in Disguise or a Golden Opportunity to Build a Transatlantic Marketplace? , 5 Br. J. Am. Leg. Stud. 340 (2016). and may

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Christian Pitschas

within the exclusive competence of the Union, see Press Release, European Commission to Request a Court of Justice Opinion on the Trade Deal with Singapore (Mar. 4, 2015), available at . TTIP would be a watershed for the multilateral trading system, just as TPP. It risks undermining this system and its pre-eminent institution, the WTO, as the European Union and the United States would attempt to create “a more integrated transatlantic marketplace.” HLWG, Final Report , supra note 22, at 3. They would

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Troy L. Harris

did it happen? Three points emerge from the evidence surveyed here. First, as sketched in Section II, incompatible visions of religious authority in general and the legitimacy of the English ecclesiastical courts were publicly debated well before the 1730s. Second, as shown by the survey of printed literature in Section III, there was widespread support for voluntaristic and divine-right visions. Third, as explained in Section IV, a watershed moment occurred in 1736 when the King’s Bench held, in Middleton v. Crofts , that the Church’s canons of 1603 were not, by

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Nicholas P. Zinos

l. fine. Id . at 55. It would be going too far to simply say that American fundamental rights law is the logical development of English fundamental law; there were some aspects of the ancient English laws incompatible with the American Constitution. It would be more accurate to say that the establishment of the United States of America marked a decisive watershed moment in the English legal tradition, a moment in which our country adopted the English fundamental law tradition, but then spun it in a distinct direction. Therefore, when it comes to interpreting