Article

With thanks to Kate Stith for her customarily insightful comments and to my research assistant, Bradley R. Dixon, for his careful review of the manuscript.

I am grateful to Don Langevoort, Adam Pritchard, and Hillary Sale for helpful comments on an earlier draft.

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.

For helpful comments, thanks are owed to Michael Asimow, Frederic Bloom, Ann Carlson, Joshua Civin, Sharon Dolovich, Jerry Kang, Sung Hui Kim, Allison Orr Larson, Toni Michaels, Hiroshi Motomura, Susan Rose-Ackerman, Steven Schooner, Seana Shiffrin, Kirk Stark, David Super, Eugene Volokh, Stephen Yeazell, and Noah Zatz. Tal Grietzer, Joshua Mandlebaum, Laura Podolsky, Ira Steinberg, Cathy Yu, and the staff of the UCLA Law Library provided invaluable assistance. I am grateful also to the participants at the 2009 Southern California Junior Faculty Workshop at Pepperdine Law School, the 2010 Berkeley-UCLA Junior Faculty Exchange, the Chapman University School of Law Colloquium, as well as to the editors of The University of Chicago Law Review. This Article is dedicated to Anneliese Beth, who was born during the drafting of this project.

Thanks to Emily Buss, Dan Cole, Adam Cox, David Driesen, Frank Easterbrook, Jake Gersen, Martha Nussbaum, Arden Rowell, Adam Samaha, Tom Ulen, Adrian Vermeule, Sasha Volokh, David Weisbach, and participants at a workshop at The University of Chicago Law School for helpful comments, and to Charles Woodworth for excellent research assistance.

Thanks to Michael Abramowicz, William Baude, A.J. Bellia, Stephanos Bibas, Frederic Bloom, Curtis Bradley, Mark Chenoweth, Eric Claeys, Brad Clark, Richard Epstein, Brian Fitzpatrick, Rick Garnett, Jack Goldsmith, John Harrison, John Inazu, Greg Jacob, Ashley Keller, Gary Lawson, Jason Mazzone, Tom Miles, Adam Mortara, Nelson Lund, Nicholas Quinn Rosenkranz, David Strauss, Eugene Volokh, and to workshop participants at George Mason University and the Virginia Junior Faculty Forum for comments.

Thanks for helpful comments to Ittai Bar-Siman-Tov, Will Baude, Noa Ben-Asher, Brett Dakin, Elizabeth Emens, Robert Ferguson, Chad Flanders, Abbe Gluck, Jamal Greene, Adam Gustafson, Ranjit Hakim, Philip Hamburger, Joseph Landau, Jennifer Laurin, Henry Monaghan, Jessica Roberts, Bertrall Ross, Elizabeth Schneider, Henry Smith, James Stewart, Tracy Thomas, Andrew Varcoe, and workshop participants at Columbia Law School.