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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.

I thank Scott Baker, Chris Buccafusco, T.J. Chiang, Mark Lemley, Mark McKenna, Sean Pager, Pam Samuelson, Chris Sprigman, Felix Wu, and attendees of the 2017 WIPIP Conference at Boston University for their helpful comments.

For very helpful comments on prior drafts, I thank Michael Abramowicz, Robert Brauneis, Margaret Brinig, Kevin Collins, John Duffy, Jeanne Fromer, Timothy Holbrook, Bruce Huber, Dmitry Karshtedt, Daniel Kelly, Bruce Kobayashi, Mark Lemley, Alexandra Levy, Jonathan Masur, Mark McKenna, Robert Merges, Lisa Ouellette, Jason Rantanen, Michael Risch, and Neel Sukhatme. I also thank Joseph Nugent for his excellent research assistance.