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Published online by Cambridge University Press: 23 March 2017
If there were a truth-in-advertising law that applied to essays in the American Journal of International Law, Alfred Rubin’s reply to my article on Judge Bork could be charged with deceptive packaging. His tentative and speculative contentions hardly prove his title statement that I am “seriously mistaken.” Yet his very failure of proof means that my arguments remain valid and that I have suffered no damage. As a result, I may lack standing, or have no cause of action, to bring a case of deceptive advertising against Professor Rubin.