Christopher Serkin

Thanks to the Symposium organizers and attendees for their input. I am indebted to Vicki Been, Michael Cahill, Clay Gillette, David Golove, Lucy Gratwick, Rick Hills, Ted Janger, Gerald Korngold, Bill Nelson, and Nelson Tebbe for stimulating conversations about the topic. Thanks to Gideon Parchomovsky and to the junior faculty at Brooklyn Law School for feedback on an early draft.

Thanks to Vicki Been for early conversations about this Article. I received invaluable comments from Greg Alexander, Fred Bloom, John Echeverria, Lee Fennell, Ted Janger, Jim Krier, Rebecca Kysar, Eric Posner, Julie Roin, Stew Sterk, Nelson Tebbe, and participants in faculty workshops at Brooklyn Law School and Cornell Law School, as well as participants at the Tel Aviv Environmental Law and Policy Workshop. Thanks to the Brooklyn Law School Dean’s Summer Research Fund for generously supporting this project. Carrie Darman and Amanda Zink provided research assistance.

We thank Rebecca Aviel, Ben Barros, Ursula Bentele, Peter Byrne, Michael Cahill, Ed Cheng, John Echeverria, George Fisher, Susan Herman, Brian Lee, Amnon Lehavi, Gregg Macey, Jonathan Masur, Jon Michaels, Eduardo Peñalver, Jim Pfander, Shelley Saxer, Nelson Tebbe, Jay Tidmarsh, Alan Trammell, and the faculty workshop participants at Vanderbilt Law School for helpful comments and conversations. We thank Liz Austin, Andrew Kenny, Tammy Wang, and the staff of the University of Chicago Law Review for truly fantastic editorial guidance. And we thank the Brooklyn Law School Dean’s Summer Research Stipend Program for its financial support.