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I would like to thank Professors Aziz Huq and William Baude for helping me turn my life interests and experiences into a legal question, as well as Parker Eudy, Parag Dharmavarapu, Peter Trombly, Jordan Golds, Kathy Bruce, and Will Admussen for their insights and persistent help. Special thanks to my grandma, Brenda Joyce Dayton, who edited my first childhood ramblings and inspired me to write more.

Many thanks to Will Baude, Pamela Bookman, Dan Epps, Barry Friedman, Mark Greenberg, Josia Klein, Anita Krishnakumar, Maggie Lemos, Marin Levy, Leah Litman, Michael Morley, Anne Joseph O’Connell, Larry Rosenthal, Steve Sachs, Joanna Schwartz, Dan Schweitzer, Mila Sohoni, and participants in the St. John’s Faculty Workshop and the Duke Law School Judicial Administration/Judicial Process Roundtable. I am also grateful to Caleb Peiffer and Taylor Pitz for excellent research assistance, and to the superb editors of The University of Chicago Law Review.

The author wishes to thank Professor Jennifer Nou, Professor John Rappaport,Derek Carr, Braden Lang, and the Board and Staff of The University of Chicago Law Review for their insightful comments and guidance throughout this Comment’s life cycle.

I wish to thank The University of Chicago Law Revieweditors and Professor Emily Buss for improving this Comment at every stage of the process. I also wish to thank the Sentencing Project for providing me with the data this Comment uses in its empirical analysis and my friends Vivek Magati and Joshua Courtney for assisting me with developing this Comment’s methodology.

Thanks to Ryan Abbott, Ryan Calo, Rebecca Crootof, James Grimmelmann, Rose Hagan, Dan Ho, Bob Rabin, Omri Rachum-Twaig, Andrew Selbst, and participants in workshops at Stanford Law School and the We Robot 2018 Conference for comments and discussions.

Support from the Stanford Center for Law and History and especially faculty director Amalia Kessler was invaluable as I completed this Article. For helpful comments and conversations, I thank Gregory Ablavsky, Kerry Abrams, Monique Abrishami, Susan Appleton, Ralph Richard Banks, Tomiko Brown-Nagin, Katie Cole, Beth Colgan, Nancy F. Cott, Samuel Ennis, George Fisher, Barbara Fried, Lawrence Friedman, Robert W. Gordon, Howard Kaufman, Zachary D. Kaufman, Adriaan Lanni, Jessica Lowe, Kenneth W. Mack, Bernadette Meyler, Melissa Murray, Kelly Phipps, Eli Russell, Christopher Schmidt, Sarah Seo, David Sklansky, Ji Seon Song, Norman Spaulding, Emily Stolzenberg, Mark Storslee, Charles Tyler, Lael Weinberger, Robert Weisberg, John Wertheimer, and participants in the Stanford Law School Fellows Workshop, the Stanford Legal Studies Workshop, and the Family Law Scholars and Teachers Conference. Librarians at Harvard University and Stanford Law School and archivists at the Columbia University Rare Book & Manuscript Library provided excellent assistance. Research for this Article was generously supported by the American Historical Association’s Albert J. Beveridge Grant; the American Society for Legal History’s William Nelson Cromwell Foundation Fellowship; Harvard’s Center for American Political Studies Dissertation Fellowship and Seed Grant; and Harvard Kennedy School of Government’s History and Public Policy Initiative in the Ash Center for Democratic Governance.

For their extremely thoughtful comments, I would like to thank Saul Levmore, Jonathan Masur, and Lior Strahilevitz. For her excellent research assistance, I would like to thank Jiyeon Kim.

Many thanks to Saul Levmore for helpful comments. Benjamin Kloss provided excellent research assistance.

I thank Saul Levmore for helpful comments; Ashley Kang and Savannah West for excellent research assistance; and the David and Celia Hilliard Fund and the Wachtell, Lipton, Rosen & Katz Program in Behavioral Law & Economics for support.