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Thanks to Ahilan Arulanantham, Ingrid Eagly, Stephen Lee, Courtney Oliva, Margo Schlanger, F. Daniel Siciliano, David Sklansky, 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, and participants in workshops at the Law and Society Association, Northwestern University School of Law, and the 2012 Conference on Empirical Legal Studies. Many thanks also to Elizabeth Alcocer-Gonzalez, Yotam Barkai, Cynthia Benin, Christopher Heasley, Emily Heasley, Ronnie Hutchinson, Charity Lee, Zachary Mayo, Taylor Meehan, Emily Underwood, and Allison Wilkinson for outstanding research assistance. Adam Cox thanks The Filomen D’Agostino and Max E. Greenberg Research Fund for generous support. Thomas Miles thanks the SNR Denton Fund for generous support.

I am grateful to Jagdish Bhagwati, Eleanor Brown, Adam Cox, Eric Posner, Alan Sykes and the participants of 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 helpful comments. Taimoor Aziz, Fannie Chen, and Erim Tuc provided excellent research assistance.

Thanks to all of 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 helpful suggestions and conversation. I also thank Brandon Garrett and David Martin for their comments on the draft and Sarah Delaney and Nick Peterson for excellent research assistance.

Thanks to Lucian Bebchuk, Glenn Cohen, Einer Elhauge, Terry Fisher, John Goldberg, Allison Hoffman, Louis Kaplow, Scott Kieff, Martha Minow, Kevin Outterson, Steven Shavell, and the attendees at the Harvard Law and Economics Workshop, Harvard Health Policy Workshop, Harvard Faculty Workshop, University of Toronto Health Law, Ethics and Policy Seminar, George Washington Law School Conference on Government Innovation, and Michigan Law School Conference on FDA Law & Pharmaceutical Innovation. All errors are my own.

I received insightful feedback on this project from Mitchell Berman, Laura Ferry, Kim Forde-Mazrui, Brandon Garrett, Jacob Gersen, Julius Getman, Michael Gilbert, Risa Goluboff, Pratheepan Gulasekaram, Aziz Huq, Jennifer Laurin, Sanford Levinson, Charles Mackel, John Manning, Martha Minow, Melissa Murray, Lucas Powe, David Pozen, Saikrishna Prakash, Richard Primus, David Rabban, Benjamin Sachs, Richard Schragger, Jordan Steiker, Matthew Stephenson, and faculty workshop participants at the University of Texas. I also received exemplary research assistance from Patrick Leahy, Trevor Lovell, Liam McElhiney, Jim Powers, and Brian Walsh. I completed various portions of this Article when I was a visiting assistant professor at The University of Chicago Law School during Fall 2012 and a visiting assistant professor at the University of Virginia School of Law during Spring 2013.

For helpful comments, I thank Andrew Coan, Jim Hawkins, Toby Heytens, Randy Kozel, David Kwok, Anita Krishnakumar, Ethan Leib, Hillel Levin, Teddy Rave, Michael Solimine, audiences at South Texas College of Law and the University of Houston Law Center, and the editors of this journal. I thank David Klein and Stefanie Lindquist for sharing data that I used to perform some calculations in Part III.A. I thank Andrew Campbell and Kirsty Davis for research assistance.

For comments, I am grateful to Kristen Boon, Curt Bradley, Stephen Burbank, Cary Coglianese, Bill Ewald, Oona Hathaway, Sophia Lee, Zach Price, Beth Simmons, the editors of the University of Chicago Law Review, and participants at the 2016 Yale-Duke Foreign Relations Law Roundtable, the University of Pennsylvania Law School faculty retreat, and the Seton Hall University School of Law faculty workshop. For assistance with sources, I thank Gabriela Femenia of the Penn Law Library.