Regulation

I am grateful to Adam Cox and Cass Sunstein for comments on an earlier draft and to the Sonnenschein Faculty Research Fund at The University of Chicago Law School for financial support.

Thanks to Kevin Davis, Paul Kelly, Geoffrey Miller, Cass Sunstein, students in a Harvard Law School reading group on the Theory of the Administrative State, and audiences at the London School of Economics, NYU Law School and Tel Aviv Law School for helpful comments, and to Elisabeth Theodore for excellent research assistance.

Thanks to Kelli Alces, Douglas Baird, William Birdthistle, Rosalind Dixon, Bernard Harcourt, Lee Fennell, William Landes, Anup Malani, Jonathan Masur, Richard McAdams, Martha Nussbaum, Randy Picker, Eric Posner, David Strauss, Vova Shklovsky, David Weisbach, and David Yosifon for helpful suggestions. Rebecca Fike, Nicholas Lawhead, and Ruben Rodrigues provided excellent research assistance.

Many thanks to Risa Goluboff for extensive comments on this draft and to the organizers of (and participants in) the Symposium, Reassessing the State and Local Government Toolkit at The University of Chicago Law School.

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.

We thank Rebecca Aviel, Ben Barros, Ursula Bentele, Peter Byrne, Michael Cahill, Ed Cheng, John Echeverria, George Fisher, Susan Herman, Brian Lee, Amnon Lehavi, Gregg Macey, Jonathan Masur, Jon Michaels, Eduardo Peñalver, Jim Pfander, Shelley Saxer, Nelson Tebbe, Jay Tidmarsh, Alan Trammell, and the faculty workshop participants at Vanderbilt Law School for helpful comments and conversations. We thank Liz Austin, Andrew Kenny, Tammy Wang, and the staff of the University of Chicago Law Review for truly fantastic editorial guidance. And we thank the Brooklyn Law School Dean’s Summer Research Stipend Program for its financial support.

Thanks to Ty Alper, Michelle Wilde Anderson, Robert Bartlett, Holly Doremus, Dan Farber, Prasad Krishnamurthy, Brian Leiter, Katerina Linos, Prasad Krishnamurthy, Anup Malani, Emily Hammond Meazell, Martha Nussbaum, Dave Owen, Eric Posner, Bertrall Ross, Adam Samaha, Joseph Sax, Eleanor Swift, David Takacs, David Weisbach, David Winickoff, and Katrina Wyman, and participants at workshops at UC Berkeley School of Law, the University of Chicago Law School, the University of Maine School of Law, the Law and Society Association 2011 Annual Meeting, and the Colloquium on Environmental Scholarship at Vermont Law School for helpful comments. Thanks to Santosh Sagar, Jill Jaffe, Jennifer Aengst, Zachary Markarian, and Jessica Cheng for research assistance.