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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.

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.