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My thanks to Peter Horn and Benjamin Margo, NYU Law School Class of 2014 for their excellent research decision on an earlier draft of this Response.

We thank Jane Baron, Craig Green, Zev Eigen, Yuval Feldman, Bob Hillman, Greg Mandel, Rafael Pardo, Alex Radus, Brishen Rogers, David Zaring, and participants at faculty colloquia at Vanderbilt Law School, the Wharton School at the University of Pennsylvania, University of Washington, William & Mary Law School, as well as at the Conference on Empirical Legal Studies for comments on earlier drafts.

I thank Kyle Bagwell and Bob Staiger for helpful conversations on the subject and 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 many thoughtful comments.

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.