76.4

We thank Stephanos Bibas, Frederic Bloom, Josh Bowers, Sharon Dolovitch, Brandon Garrett, Bernard Harcourt, Dan Kahan, Adam Kolber, Brian Leiter, Richard McAdams, Eric Posner, Adam Samaha, Stephanie Stern, Lior Strahilevitz, David Strauss, and Jeannie Suk for helpful comments, and Kathleen Rubenstein for excellent research assistance.

I thank Jesse Choper, Robert Delahunty, and Dan Farber for helpful conversations about this Article. I also thank Janet Galeria for her outstanding research assistance.

In light of the subject of this Review, it is perhaps relevant to disclose that the author received his JD at the University of Chicago and wrote this Review while a visiting professor at the University of Chicago. I am grateful to Jonathan Baker, Eleanor Fox, and Josh Wright for helpful comments. All errors are my own.

For helpful comments, thanks to participants in faculty workshops at the University of Illinois College of Law and the University of Cincinnati College of Law, in a Vanderbilt Works-inProgress Lunch, in an International Legal Studies Roundtable on Foreign Affairs held at Vanderbilt University, and in a Foreign Relations Workshop held at Georgetown University Law Center. Thanks also to David Bederman, Brad Clark, Jacob Cogan, Larry Helfer, Eugene Kontorovich, Mike Ramsey, Larry Solum, Kevin Stack, and Carlos Vázquez. Carlee Hobbs, Christen Moore, and Katherine Poulus provided excellent research assistance.

Thanks to Kevin Davis, Paul Kelly, Geoffrey Miller, Cass Sunstein, students in a Harvard Law School reading group on the Theory of the Administrative State, and audiences at the London School of Economics, NYU Law School and Tel Aviv Law School for helpful comments, and to Elisabeth Theodore for excellent research assistance.