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86 Special
Foreword
Lawrence Lessig
Roy L. Furman Professor of Law and Leadership, Harvard Law School

Richard Posner is the most prolific federal judge and academic in the history of American law.

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86.4
Religious Accommodation, the Establishment Clause, and Third-Party Harm
Mark Storslee
Executive Director, Stanford Constitutional Law Center.

Thanks to Stephanie Barclay, William Baude, Thomas Berg, Samuel Bray, Jud Campbell, Nathan Chapman, Nora Freeman Engstrom, Carl Esbeck, Richard Garnett, Stephanie Inks, Mark Kelman, Andrew Koppelman, Douglas Laycock, Christopher Lund, Ira Lupu, William Marshall, Michael McConnell, Chloe Moon, Douglas NeJaime, Jane Schacter, Geoffrey Sigalet, Lance Sorenson, Charles Tyler, Robin Fretwell Wilson, and participants in the Stanford Law School Fellows Workshop and the Annual Law and Religion Roundtable for helpful conversations and feedback on earlier drafts. Special thanks are also due to Frederick Mark Gedicks, Micah Schwartzman, and Nelson Tebbe for their generosity and for helpful conversations about this topic and others. All errors, of course, are my own.

We occupy a unique moment in the story of American religious liberty. During the Founding period and for much of the twentieth century, it was widely accepted that religious accommodation—the practice of sometimes exempting religious individuals or groups from burdensome laws—was a desirable means of protecting free exercise. But as a matter of cultural consensus, that agreement seems to be quickly unraveling or at least entering a new period of uncertainty.

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86.4
The Logic and Limits of Municipal Bankruptcy Law
Vincent S.J. Buccola
Assistant Professor, The Wharton School of the University of Pennsylvania.

Thanks to Douglas Baird, Allison Buccola, Steve Buccola, Laura Coordes, Brian Hathaway, Rich Hynes, Juliet Moringiello, Eric Rasmusen, David Schleicher, and David Skeel for extensive comments on earlier drafts; and to Joe Gyourko and Bob Inman for generative conversations. Thanks also to participants in workshops at Wharton and the Indiana University Kelley School of Business. Dorinda and Mark Winkelman provided valuable research support.

Cities and towns across the country face debt burdens of a magnitude not seen since the Great Depression. Four of the five largest municipal bankruptcies in history have been filed in the last decade, and more are bound to come.

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86.3
The Failure of Mixed-Motives Jurisprudence
Andrew Verstein
Associate Professor of Law, Wake Forest University School of Law.

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.

How should we judge people who act for both good and bad motives?

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86.3
Enacted Legislative Findings and Purposes
Jarrod Shobe
Associate Professor of Law, J. Reuben Clark Law School, Brigham Young University.

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.

Whether judges should consider legislative history is the most hotly debated issue in statutory interpretation.

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86.3
Testing for Trademark Dilution in Court and the Lab
Barton Beebe
John M. Desmarais Professor of Intellectual Property Law, New York University School of Law.

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.

Roy Germano
Senior Research Scholar, New York University School of Law.
Christopher Jon Sprigman
Professor of Law, New York University School of Law.
Joel H. Steckel
Professor of Marketing and Vice Dean for Doctoral Education, New York University Stern School of Business.
Trademark dilution is among the most elusive concepts in intellectual property law.
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Article
Ownership and Punishment
Matthew Prewitt
Independent Researcher and Deputy Director, RadicalxChange Foundation Ltd. Special thanks to Glen Weyl for comments and conversations that have improved this Essay.

An Essay for the University of Chicago Law School Symposium on Radical Markets

I.  A Brief Introduction to Harberger Taxation

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The Technological Politics of Mechanism Design
Zoë Hitzig
PhD Candidate, Department of Economics, Harvard University. zhitzig@g.harvard.edu.
Lily Hu
PhD Candidate, Department of Applied Mathematics, Berkman-Klein Center for Inter-net and Society, Harvard University. lilyhu@g.harvard.edu.
Salomé Viljoen
Fellow, Privacy Initiatives and Berklett Cybersecurity Projects, Berkman-Klein Center for Internet and Society, Harvard University. sviljoen@cyber.harvard.edu

I. Introduction

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Audits, Markets, and Patents
Daniel Hemel
Assistant Professor of Law; University of Chicago Law School; dhemel@uchicago.edu. The author thanks Saul Levmore and Lisa Ouellette for helpful comments.

Volumes