76.3

I greatly benefited from a presentation of this Review to a faculty workshop at UCLA School of Law. Many thanks to the faculty there for their helpful comments, and to Jon Michaels and the faculty colloquium committee for the invitation. Thanks as well to Viktor Mayer-Schönberger and Frank Zimring for their suggestions. In the interest of full disclosure, I wish to note that Professor Solove and I are coauthors on a casebook, Information Privacy Law (Aspen 3d ed 2009).

Michael Hanemann provided helpful comments on a previous draft.

Thanks to John Gardner, Leslie Green, Mark Greenberg, and Scott Shapiro for useful discussion of these issues on various occasions, and to Greenberg for quite helpful discussion of an early draft of this Article. I also benefited from questions and comments by students in my Spring 2007 Jurisprudence class at the University of Texas at Austin when we discussed this topic. Workshop audiences at a variety of venues provided valuable feedback and discussion: the Faculty of Law and Program in Social and Political Theory, Research School of Social Sciences, Australian National University; UCLA School of Law; the Institute for Philosophical Investigation, National Autonomous University of Mexico; the jurisprudence departments of the Faculties of Law at the Universities of Genoa in Italy and Girona in Spain, and the University of Chicago Law School. Of the many who helped me on these occasions, I should mention especially Peter Cane, Riccardo Guastini, Larry Laudan, Adam Muchmore, Martha Nussbaum, Giovanni Ratti, Jane Stapleton, and Ed Stein.

Very useful comments were provided by Ken Bamberger, Eric Biber, Tino Cuéllar, Dan Farber, Jesse Shapiro, Matthew Stephenson, Adrian Vermeule, and John Yoo. Financial support has been provided by the Hellman Family Faculty Fund, the Boalt Hall Fund, UC Berkeley’s Committee on Research, and the Jerome Kutak Fund at The University of Chicago Law School. Thanks to Tess Hand-Bender, Roman Giverts, Monica Groat, Edna Lewis, Harry Moren, Stacey Nathan, and John Yow for research assistance. An earlier version of this Article was presented at the 2008 annual meeting of the American Law and Economics Association and in the UC Berkeley’s Center for the Study of Law and Society’s Speaker Series.

Thanks to Greg Alexander, Akhil Amar, Will Baude, Aaron Bruhl, Michael Dorf, Joey Fishkin, Marin Levy, Bernadette Meyler, David Pozen, Catherine Roach, and Steve Sachs for helpful and thought-provoking comments on earlier drafts, and to Kevin Jackson for excellent research assistance. Any remaining errors or infelicities are, of course, my own.

In the spirit of its subject matter, this Article was made available for public comment, and we incorporated excellent suggestions from Steve Charnovitz, David Fontana, Fred Lawrence, Ronald Levin, Eric Lipman, Chip Lupu, and Richard Pierce.