Public Choice

Thanks to the Symposium organizers and attendees for their input. I am indebted to Vicki Been, Michael Cahill, Clay Gillette, David Golove, Lucy Gratwick, Rick Hills, Ted Janger, Gerald Korngold, Bill Nelson, and Nelson Tebbe for stimulating conversations about the topic. Thanks to Gideon Parchomovsky and to the junior faculty at Brooklyn Law School for feedback on an early draft.

This Article has benefited from comments of participants at The Univeristy of Chicago Law School’s Symposium, Rethinking the State and Local Government Toolkit, and from a faculty workshop at Wisconsin Law School. Many thanks to Bob Ellickson for reading and commenting on an earlier version of this Article and to Erin Brantley Webb for outstanding research assistance.

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.

Thanks to Vicki Been for early conversations about this Article. I received invaluable comments from Greg Alexander, Fred Bloom, John Echeverria, Lee Fennell, Ted Janger, Jim Krier, Rebecca Kysar, Eric Posner, Julie Roin, Stew Sterk, Nelson Tebbe, and participants in faculty workshops at Brooklyn Law School and Cornell Law School, as well as participants at the Tel Aviv Environmental Law and Policy Workshop. Thanks to the Brooklyn Law School Dean’s Summer Research Fund for generously supporting this project. Carrie Darman and Amanda Zink provided research assistance.

My thanks to Rick Garnett and Marc DeGirolami for comments.

Thanks to John Gerring, Brian Leiter, Saul Levmore, Simone Sepe, and Lawrence Solum for superb comments.