Institutional Design

This Article was prepared for The University of Chicago’s Immigration Law and Institutional Design Symposium, held at The University of Chicago Law School on June 15 and 16, 2012. Thanks to the participants in that conference and Adam Cox for comments, and to Ellie Norton and Randy Zack for helpful research assistance. The Russell Baker Scholarship Fund at The University of Chicago Law School provided financial assistance.

I would like to thank Noah Zatz, Sabine Tsuruda, and participants in The University of Chicago’s Immigration Law and Institutional Design Symposium, held at The University of Chicago Law School on June 15 and 16, 2012, for their very helpful comments. I am indebted to Brittney Stanley for excellent research and editing assistance.

For helpful comments, I am grateful to Jennifer Gordon, Catherine Fisk, David Moore, and Laura Weinrib. This essay benefitted from presentations at UC Irvine School of Law, BYU J. Reuben Clark Law School, and at The University of Chicago’s Immigration Law and Institutional Design Symposium, held at The University of Chicago Law School on June 15 and 16, 2012. The UC Irvine Law School research librarians provided excellent support. I am also grateful to Morgan White-Smith, Taylor Meehan, and the other University of Chicago Law Review editors for their superb editorial work. Please direct comments and questions to slee@law.uci.edu.

Dr. Eastman is also the founding director of the Center for Constitutional Jurisprudence, a public interest law firm on whose behalf he has participated as amicus curiae in several Supreme Court cases related to the topic of the Symposium at which this Article was presented, including Hamdi v Rumsfeld, 542 US 507 (2004), and Arizona v United States, 132 S Ct 2492 (2012). He has testified before Congress (Oversight Hearing on Dual Citizenship, Birthright Citizenship, and the Meaning of Sovereignty before the Subcommittee on Immigration, Border Security, and Claims of the House Committee on the Judiciary, 109th Cong, 1st Sess 57 (2005)), the Arizona Legislature (both the Judiciary and Appropriations Committees on the Birthright Citizenship State Compact bill, Feb 7 and 22, 2011, respectively), and the California Legislature (Assembly Republican Task Force on Illegal Immigration, Oct 11, 2006), on matters related to the subject of this Symposium. The congressional testimony was subsequently published in the Texas Review of Law & Politics and the University of Richmond Law Review. John C. Eastman, Born in the U.S.A.? Rethinking Birthright Citizenship in the Wake of 9/11, 12 Tex Rev L & Polit 167 (2007); John C. Eastman, Born in the U.S.A.? Rethinking Birthright Citizenship in the Wake of 9/11, 42 U Richmond L Rev 955 (2008). Other related publications include: John C. Eastman, The States Enter the Illegal Immigration Fray, in Carissa Hessick and Jack Chin, eds, Illegals in the Backyard: State and Local Regulation of Immigration Policy (NYU forthcoming 2013); John C. Eastman, Papers, Please: Does the Constitution Permit the States a Role in Immigration Enforcement?, 35 Harv J L & Pub Pol 1 (2012); John Eastman and Ediberto Román, Debate on Birthright Citizenship, 6 FIU L Rev 293 (2011); John C. Eastman and Karen J. Lugo, Arizona’s Immigration Storm, 12 Engage 68 (June 2011). Portions of this Article have been drawn from some of those prior publications.

I thank Michael Tan, Nancy Morawetz, and the participants in The University of Chicago Immigration Law and Institutional Design Symposium, held at The University of Chicago Law School on June 15 and 16, 2012, for their insightful comments and suggestions. I am grateful for the excellent research assistance of Anthony Enriquez and Rebecca Fisher, and for the meticulous review by the editors of The University of Chicago Law Review.

Thanks to Ahilan Arulanantham, Ingrid Eagly, Stephen Lee, Courtney Oliva, Margo Schlanger, F. Daniel Siciliano, David Sklansky, participants in The University of Chicago Immigration Law and Institutional Design Symposium, held at The University of Chicago Law School on June 15 and 16, 2012, and participants in workshops at the Law and Society Association, Northwestern University School of Law, and the 2012 Conference on Empirical Legal Studies. Many thanks also to Elizabeth Alcocer-Gonzalez, Yotam Barkai, Cynthia Benin, Christopher Heasley, Emily Heasley, Ronnie Hutchinson, Charity Lee, Zachary Mayo, Taylor Meehan, Emily Underwood, and Allison Wilkinson for outstanding research assistance. Adam Cox thanks The Filomen D’Agostino and Max E. Greenberg Research Fund for generous support. Thomas Miles thanks the SNR Denton Fund for generous support.

I am grateful to Jagdish Bhagwati, Eleanor Brown, Adam Cox, Eric Posner, Alan Sykes and the participants of The University of Chicago Immigration Law and Institutional Design Symposium, held at The University of Chicago Law School on June 15 and 16, 2012, for their helpful comments. Taimoor Aziz, Fannie Chen, and Erim Tuc provided excellent research assistance.

Thanks to all of the participants in The University of Chicago Immigration Law and Institutional Design Symposium held at The University of Chicago Law School on June 15 and 16, 2012, for their helpful suggestions and conversation. I also thank Brandon Garrett and David Martin for their comments on the draft and Sarah Delaney and Nick Peterson for excellent research assistance.