Institutional Design

I would like to thank Steven Goldblatt, Jane Aiken, Amanda Leiter, Kathryn Sabbeth, Erin Aslan, Eliza Platts-Mills, Tabatha Abu El-Haj, Rebecca Lee, and Marcy Karin for their assistance back when this Article was just an idea. I also would like to thank Dan Filler, Alex Geisinger, David Cohen, Lawrence Rosenthal, Jack Beermann, Daryl Levinson, Margo Schlanger, David Achtenberg, and Alan Chen for their thoughtful and detailed feedback. Additionally, I would like to thank the faculties at the University of Denver Strum College of Law, Quinnipiac University School of Law, Case Western Reserve University School of Law, and the Earle Mack School of Law at Drexel University for their helpful ideas and suggestions.

Excellent research assistance was provided by Sarah Anzia, Cynthia Dubois, Monica Groat, Masataka Harada, Brian McLeish, William Sullivan, and Lindsay Wilhelm.

I would like to thank Judge Michael Boudin, Dean Robert Post, and Professors Reva Siegel and Christina Burnett for their insights and guidance on this endeavor and many others.

Thanks to Matt Adler, Douglas Baird, Omri Ben-Shahar, Lee Fennell, Barry Friedman, Jake Gersen, Aziz Huq, Dan Kahan, Saul Levmore, Anup Malani, Tom Miles, Richard McAdams, Rick Pildes, Eric Posner, Jennifer Rothman, and David Strauss for helpful conversations and comments on an earlier draft, and to workshop participants at Loyola Law School Los Angeles, The University of Chicago Law School, and New York University Law School’s Constitutional Theory Colloquium. The latter workshop had to be cut short, and dramatically so, but Rick Pildes and David Golove made sure that I benefited from the participants’ generous attention to the Article. Hanna Chung and Daniel Roberts provided excellent research assistance. Mistakes are mine.

We thank Kenworthy Bilz, Bernard Harcourt, Owen Jones, Sarah Lawsky, Richard McAdams, Janice Nadler, Kitty Richards, Stephanie Stern, and Lior Strahilevitz for their comments and advice.

I am thankful for the thoughtful comments of Henry L. Chambers Jr, John Douglass, James Gibson, Corinna Lain, and Wendy Perdue. I am grateful for the thorough and excellent research assistance of Franklin McFadden and Rachel Logan. Many thanks for the careful work of the editors of the University of Chicago Law Review.