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For helpful comments, I am grateful to Jessica Clarke, Brandon Garrett, Mike Green, Aziz Huq, Martha Nussbaum, Eric Posner, Sean P. Sullivan, David Super, Matthew C. Stephenson, Gabriel Rauterberg, Ron Wright, the participants in the Brooklyn Law School Faculty Workshop, the George Mason Faculty Workshop, and the Yale/Stanford/Harvard Junior Faculty Forum. Andrew Homer and Abby Jacobs provided helpful research assistance.

Thanks to Michael Herz, Ethan Leib, Victoria Nourse, Bill Eskridge, Rachel Barkow, Jim Brudney, Peter Strauss, Abbe Gluck, Jesse Cross, Maggie Lemos, Evan Zoldan, Bill Buzbee, Josh Chafetz, Daphna Renan, Paul Stancil, Aaron Nielson, participants at the Legislation Roundtable at Fordham University, the J. Reuben Clark Law Society Workshop, and BYU law faculty workshop for helpful comments on earlier drafts. For excellent research assistance I am grateful to Trevor Nielson, Bonnie Stohel, Eric Abram, Katie Ellis, and Laura Hunt. I am especially grateful for the assistance of Shawn Nevers for help with many of the empirical aspects of this project.

For conversations about this Essay, we thank Anupam Chander, Victor Fleischer, Jerry Frug, Calvin Johnson, Michael Knoll, Steven Medema, Richard Schragger,Sloan Speck, Andrew Verstein, and participants in the Harvard Law School conference Celebrating Jerry Frug’s Work on Cities. We also thank Reeves Jordan for excellent research assistance. An earlier, longer draft of this Essay circulated under the title Inverted Theoriesand remains available on Chicago Unbound at http://perma.cc/XB7Q-TXYE.

The authors thank Jamie Boyle, Chris Buccafusco, Alex Cadmus, Shari Diamond, Michael Frakes, Jeanne Fromer, John Golden, Scott Hemphill, Marco Kleine, Stephan Tontrup, and Deepa Varadarajan; and participants in workshops at the New York UniversitySchool of Law, the Duke University School of Law, the St. John’s University School of Law, the 2017 Intellectual Property Scholars Conference hosted by the Benjamin N. Cardozo School of Law, the 2018 Munich Summer Institute hosted at the Bavarian Academy of Sciences and Humanities, Georgia State University’s J. Mack Robinson College of Business, and the Intellectual Property, Science, and Technology Workshop hosted by the University of Texas at Austin School of Law for helpful comments and conversations. Thanks also to the Filomen D’Agostino and Max E. Greenberg Research Fund for grants that supported this work, and to Ari Lipsitz for excellent research assistance.

I am grateful to all participants in The University of Chicago Law Review Symposium on Personalized Law for comments, but especially to Omri Ben-Shahar for insightful conversations.

The authors thank Kiel Brennan-Marquez, Lee Fennell, Woodrow Hartzog, William Hubbard, Aziz Huq, Orin Kerr, Richard McAdams, Michael Pollack, John Rappaport, RichardRe, Victoria Schwartz, Christopher Slobogin, Rebecca Stone, and Alexander Stremitzer, along with workshop participants at UCLA Law School and The University of Chicago Law School, and attendees at the Privacy Law Scholars Conference, and The University of Chicago Law Review Symposium on Personalized Law for helpful conversations and comments on earlier drafts. The authors also thank Liz Sharkey for helpful research assistance. Finally, the authors thank the Carl S. Lloyd Faculty Fund for research support.

For helpful feedback, we thank Oren Bar-Gill, Netta Barak-Corren, Yochai Benkler, John Beshears, Alexandra Chouldechova, Ellora Derenoncourt, Noah Feldman, Deborah Hellman, Howell Jackson, Cass Sunstein, Justin Wolfers, the editors and the participants of The University of Chicago Law Review Symposium on Personalized Law, and participants of the Law and Economics Colloquium at the University of Toronto and the Business Law Workshop at Oxford University. Talia Gillis acknowledges support provided by the John M. Olin Center for Law, Economics, and Business at Harvard Law School.

I thank Ellen Aprill, Adam Hirsch, and participants in The University of Chicago Law Review Symposium on Personalized Law and in the 2018 Annual Meeting of the American Law and Economics Association for helpful comments and questions. Research support from the Harold J. Green Faculty Fund and the SNR Denton Fund is also gratefully acknowledged. Some of the analysis contained here will appear in Lee Anne Fennell, Slices and Lumps: Division and Aggregation in Law and Life (Chicago, forthcoming 2019).

We would like to thank Rabeea Assy, Harry First, Eleanor Fox, Tamar Indig, Marcel Kahan, Yafit Lev-Aretz, Hans-Wolfgang Micklitz, Alan Miller, Ariel Porat, Daniel Richman, Eden Sarid, Catherine Sharkey, Katherine Strandburg, Alina Wernick, participants of the Competition, Innovation, and Information Law (CIIL) Speakers Series and the Privacy Research Group at NYU School of Law, and The University of Chicago Law Review Symposium on Personalized Law for most thoughtful comments and discussions. Thanks to Ilana Atron, Saar Ben Zeev, and Lior Frank for most helpful research assistance. This research was supported by the Center for Cyber Law and Policy, University of Haifa. Any mistakes or omissions are the authors’.

I am most grateful to the following persons for their contributions to this Essay: Ruben Coen-Cagli, Nestor Davidson, Kathleen Ellis, Janet Freilich, Marianna Gebhardt, David Greenberg, Filippo Maria Lancieri, Jacob Nadler, Mark Patterson, Richard Squire, Ryan Surujnath, and Erica Valencia-Graham. I also thank Alissa Black-Dorward and the Fordham University School of Law library staff for superb research assistance as well as Timothy W. DeJohn for providing information about the Jones case. I received insightful comments on earlier versions of this Essay from the participants in presentations given at Stanford Law School (the BioLawLapalooza 2.0), the Fordham University School of Law, and at The University of Chicago Law Review Symposium on Personalized Law (organized by Omri Ben-Shahar and Ariel Porat). I am indebted to five sources for research funding, without which this project could not have existed: Fordham University School of Law, the Fordham Neuroscience and Law Center, the Gerald Adelman Fellowship, Roger Sacks, and the Barnet and Sharon Phillips Family Fund. No individual or organization acknowledged in this Essay necessarily supports the Essay’s interpretations or conclusions. Responsibility for any mistakes or misjudgments rests solely with the author.