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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.

Many thanks to Michael Abramowicz, Amitai Aviram, Eric Biber, Ralph Brubaker, Thomas Colby, Dan Cole, John Colombo, Dhammika Dharmapala, Kirsten Engel, Lee Fennell, David Fontana, Eric Freyfogle, Robert Glicksman, Shi-Ling Hsu, Bruce Huber, Heidi Hurd, Christine Hurt, David Hyman, Charles Imohiosen, Eric Johnson, Robin Juni, Richard Kaplan, Robin Kar, Patrick Keenan, Dan Kelly, Jay Kesan, Scott Kieff, William Kovacic, Robert Lawless, Michael Livermore, Tim Malloy, Jonathan Masur, Jud Mathews, Brian McCall, Emily Meazell, John Nagle, Jonathan Nash, Lee Paddock, Richard Pierce, Jeffrey Pojanowski, Dara Purvis, Andrew Reeves, Larry Ribstein, Richard Ross, J.B. Ruhl, Steven Schooner, Karen Bradshaw Schulz, Justin Sevier, Jamelle Sharpe, Nicola Sharpe, Paul Stancil, Suja Thomas, Robert Tuttle, Lesley Wexler, Jonathan Wiener and Verity Winship for their comments and suggestions. Thanks also to the editors of The University of Chicago Law Review, including Liz Austin, Brad Hubbard, and Matt Rozen, for outstanding editorial support.

Thanks to my sister, Rachel Best, for valuable suggestions and assistance. Thanks also to Crystal Huang and Kelly Murdock for excellent assistance with the quantitative analysis.

The author thanks Faisal Alam, Jelena Kristic, Brad Reid, Chris Vidiksis, and Eugene Weber for expert research assistance. Thanks for helpful suggestions and discussion are owed to Marvin Ammori, Miriam Baer, Katherine Barnes, Scott Boone, Annemarie Bridy, Ellen Bublick, Robin Effron, Kirsten Engel, Tom Folsom, James Grimmelmann, Rob Heverly, Dan Hunter, Margo Kaplan, Rebecca Kysar, Brian Lee, Lyrissa Lidsky, Sarah Light, Tom Lin, Gregg Macey, Irina Manta, David Marcus, Toni Massaro, Milton Mueller, Thinh Nguyen, Mark Noferi, Liam O’Melinn, Jim Park, David Post, Christopher Robertson, Simone Sepe, William Sjostrom, Roy Spece, Nic Suzor, Alan Trammell, Greg Vetter, Brent White, Mary Wong, Jane Yakowitz Bambauer, Peter Yu, Jonathan Zittrain, the participants in the IP Scholars Roundtable at Drake University School of Law, the participants in a workshop at Florida State University College of Law, and the participants in a workshop at the University of Arizona James E. Rogers College of Law. The author gratefully acknowledges the Dean’s Summer Research Stipend Program, Dean Michael Gerber, and President Joan G. Wexler at Brooklyn Law School for financial support. The author welcomes comments at derekbambauer@email.arizona.edu.

For helpful comments and discussions, I thank Charles Barzun, Christopher Eisgruber, Chad Flanders, Richard Garnett, Abner Greene, John Harrison, Andrew Koppelman, Jody Kraus, Douglas Laycock, Matthew Lister, Christopher Lund, Charles Mathewes, James Nelson, Saikrishna Prakash, George Rutherglen, Fred Schauer, Seana Shiffrin, Lawrence Solum, Mark Storslee, Nelson Tebbe, Pierre-Hugues Verdier, Xiao Wang, Free Williams, and audiences at Brooklyn Law School, the University of Pennsylvania Law School, and the Nootbaar Institute’s Annual Conference on Religion and Ethics at the Pepperdine University School of Law. I owe special thanks to Leslie Kendrick and Richard Schragger, who read and commented on multiple drafts. I am also grateful to Adam Yost for excellent research assistance.

Thanks to Emily Berman, Ryan Bubb, Stephen Lee, Nancy Morawetz, Moran Sedah, Peter Schuck, Fred Vars, and workshop participants at The University of Chicago Law School, New York University School of Law, and The University of Alabama School of Law for helpful comments. Thanks also to Kuntal Cholera and David Woolston for research assistance.

We thank Jim Brudney, Annie Decker, Jeffrey Dobbins, Amanda Frost, Abbe Gluck, Helen Hershkoff, the Honorable Hans Linde (retired Justice of the Oregon Supreme Court), Jeffrey Pojanowski, David Pozen, and Mark Tushnet for incisive comments on earlier drafts; Michelle Anderson, Richard Schragger, Richard Briffault, Rick Hills, and Howie Erichson for conversations about aspects of this project; and Joseph Struble for research assistance. Portions of this Article were presented at the 2012 meeting of the Association of American Law Schools, where the audience provided helpful feedback. Professor Leib also thanks the one hundred or so students in his Legislation classes at UC Berkeley and at UC Hastings who provided an answer on a final exam to the question of how, if at all, elected judges should interpret statutes differently from their federal counterparts.

We thank Jane Baron, Craig Green, Zev Eigen, Yuval Feldman, Bob Hillman, Greg Mandel, Rafael Pardo, Alex Radus, Brishen Rogers, David Zaring, and participants at faculty colloquia at Vanderbilt Law School, the Wharton School at the University of Pennsylvania, University of Washington, William & Mary Law School, as well as at the Conference on Empirical Legal Studies for comments on earlier drafts.

I thank Michael Tan, Nancy Morawetz, and the participants in The University of Chicago Immigration Law and Institutional Design Symposium, held at The University of Chicago Law School on June 15 and 16, 2012, for their insightful comments and suggestions. I am grateful for the excellent research assistance of Anthony Enriquez and Rebecca Fisher, and for the meticulous review by the editors of The University of Chicago Law Review.