84.4

The author wishes to thank Professor Randal Picker as well as Mila Rusafova, Emily Samra, and the members of The University of Chicago Law Review for their helpful thoughts and suggestions.

Portions of this Article draw on the authors’ testimony to Congress and amicus briefs in MetLife, Inc v FSOC. For helpful comments and suggestions, we thank Hilary Allen, Chris Brummer, Peter Conti-Brown, Jeff Gordon, Claire Hill, Bob Hockett, Brett McDonald, Saule Omarova, Richard Painter, Christina Skinner, and Margaret Tahyar, and the audiences at presentations at Cambridge, Oxford, Columbia Business School, the University of Connecticut, the University of Minnesota, Georgetown Law Center, Wharton, and the Indira Gandhi Institute for Development Research. Thanks to Jayme Wiebold for research assistance.

The authors thank Jane Bambauer, Tim Casey, Adam Chilton, Shari Seidman Diamond, Tom Ginsburg, Daniel Hemel, Bert Huang, Aziz Huq, Orin Kerr, Joshua Kleinfeld, Andy Koppelman, Genevieve Lakier, Katerina Linos, Jonathan Masur, Richard McAdams, Janice Nadler, Martha Nussbaum, Laura Pedraza-Fariña, Michael Pollack, Uriel Procaccia, John Rappaport, Richard Re, Victoria Schwartz, Christine Scott-Hayward, Nadav Shoked, Chris Slobogin, Deborah Tuerkheimer, Matt Tokson, and Laura Weinrib, as well as workshop participants at Northwestern University Law School, the University of Chicago Law School, the American Law and Economics Association conference, and the Privacy Law Scholars Conference for comments on earlier drafts, the Carl S. Lloyd Faculty Fund for research support, and Michelle Hayner for helpful research assistance.

For comments, I am grateful to Kristen Boon, Curt Bradley, Stephen Burbank, Cary Coglianese, Bill Ewald, Oona Hathaway, Sophia Lee, Zach Price, Beth Simmons, the editors of the University of Chicago Law Review, and participants at the 2016 Yale-Duke Foreign Relations Law Roundtable, the University of Pennsylvania Law School faculty retreat, and the Seton Hall University School of Law faculty workshop. For assistance with sources, I thank Gabriela Femenia of the Penn Law Library.