86.7

For their feedback, I thank Professors Ian Ayres, Rishi Batra, Glenn Cohen, Noam Ebner, Deborah Eisenberg, John Goldberg, David Hoffman, Louis Kaplow, Andy Kaufman, Andrew Mamo, John Manning, Martha Minow, Bob Mnookin, Scott Peppet, Jeff Seul, Jean Sternlight, Andrea Schneider, Guhan Subramanian, Cass Sunstein, and Rachel Viscomi. I benefited enormously from feedback at faculty colloquia at Harvard, Maryland, and UNLV. And I thank my research assistants Haley Banks, Christopher Dotson, Juhi Gupta, Ayoung Kim, Ben Pincus, Jordan Shapiro, Austin Smith, and Elise Williard, without whose careful work this research would have been impossible.

Many thanks to Alex Arkfeld, Ben Crozier, and the librarians at the UW School of Law for their excellent research assistance. Thank you also to those who provided helpful comments on earlier drafts, including Jeff Feldman, David Marcus, and Kevin Stack, as well as to those who shared their thoughts at workshops in which prior versions of this project were presented, including at Emory University School of Law’s Faculty Colloquium, the presidential power lecture series at the University of Arizona, and the Rehnquist Center’s National Conference of Constitutional Law Scholars.