This paper, co-authored with philosopher of biology Michael Weisberg, has–after years of being workshopped, downloaded, and even cited in other articles–finally officially been published in the journal Law and Philosophy.   My impression is that our argument has already carried the day, but we will see if any proponents of this research agenda surface now that this is out.  (Please note that the published version has been revised a fair bit from the version still on SSRN, though the core arguments are unchanged.)