Law and Economics

Thanks to Omri Ben-Shahar, Dick Craswell, Ariel Porat, and D.C. Toedt for helpful comments.

I am grateful to Jajah Wu for research assistance and to Douglas Baird, Rosalind Dixon, Saul Levmore, Victor Quintanilla, and Adam Samaha for comments on an earlier draft.

Thanks to Victor Goldberg, Jody Kraus, Darian Ibrahim, and Eric Posner for helpful comments.

This is a revised draft of my talk at The University of Chicago Law School’s Surveillance Symposium, June 15–16, 2007. I draw heavily on my books Not a Suicide Pact: The Constitution in a Time of National Emergency ch 6 (Oxford 2006) and Countering Terrorism: Blurred Focus, Halting Steps ch 7 (Rowman & Littlefield 2007).

My thanks to Michael Abramowicz, Brad Clark, John Duffy, Howell Jackson, Geoffrey Miller, Richard Nagareda, Robert Rhee, Bill Rubenstein, Anthony Sebok, Mark Spindel, and participants in faculty workshops at Harvard Law School, Georgetown University Law Center, and George Washington University Law School.

Thanks to Robert Bartlett, Alicia Davis-Evans, Todd Henderson, Kim Hogrief, Arthur Levitt, Patrick McGurn, Nell Minow, Maureen Mulligan, Adam Pritchard, Robert Reville, two anonymous referees, and conference participants at The University of Chicago Law School, University of Michigan, and the American Bar Association Tort Trial & Insurance Practice Section for helpful comments and discussions, and to the RAND Corporation Institution for Civil Justice for generous support. Many thanks as well to the Corporate Library for granting me access to their data. All errors are mine.

I am grateful to Laura Adams, Todd Henderson, and Shaun Martin for their comments.

The authors would like to thank Harry DeAngelo, Todd Henderson, James Spindler, Robert Thompson, Charles Whitehead, the Harvard Law School Faculty Workshop, the University of Pennsylvania Law School Business Law Scholarship Workshop, and the participants of The University of Chicago Symposium, The Going-private Phenomenon: Causes and Implications, for their helpful comments.

Many thanks to Curtis Bridgeman, Fred Gedicks, Steve Gey, Mike Zimmer, participants at the 2008 Midwest Law and Economics Association annual meeting, and participants in the Second Annual Labor and Employment Law Colloquium for comments.