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This project began to take shape fifteen years ago at Harvard Law School through a series of conversations with Jack Goldsmith, which led us to run a workshop on international and constitutional law, and then co-author an article, “Law for States,” 122 Harvard Law Review 1791 (2009). That work laid out some of the broad framing of the book, and large parts were incorporated in revised form into Chapters 1 and 2. While Jack is absolved of any responsibility for the results, the book would not exist without our formative intellectual collaboration and everything I have learned from him then and since.
I also owe special gratitude to another co-author and close colleague, Rick Pildes. Parts of our article “Separation of Parties, Not Powers,” 119 Harvard Law Review 2311 (2006), were absorbed into Chapter 5.
In addition to much new material, the book includes other prior work that has been revised, updated, and recombined in various ways: “The Inevitability and Indeterminacy of Game-Theoretic Accounts of Legal Order,” 42 Law & Social Inquiry 28 (2017); “Looking for Power in Public Law,” 130 Harvard Law Review 31 (2016); “Incapacitating the State,” 56 William and Mary Law Review 181 (2014); “Rights and Votes,” 121 Yale Law Journal 1286 (2012); “Parchment and Politics: The Positive Puzzle of Constitutional Commitment,” 124 Harvard Law Review 658 (2011); “Empire-Building Government in Constitutional Law,” 118 Harvard Law Review 915 (2005); “Collective Sanctions,” 56 Stanford Law Review 345 (2003); “Framing Transactions in Constitutional Law,” 111 Yale Law Journal 1311 (2002); “Making Government Pay: Markets, Politics, and the Allocation of Constitutional Costs,” 67 University of Chicago Law Review 345 (2000).
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