Oren Bracha

 This article has benefited greatly from the ideas and insight of Talha Syed. To the extent that it has any merit, much of it is attributable to him. Errors and omissions are solely mine. For very useful comments I would also like to thank Bob Bone, Eric Claeys, John Golden, Wendy Gordon, Mark Lemley, Sean Pager, David Schorr, Stewart Sterk and participants of the conference The Tragedy of the Commons at 50: Context, Precedents, and Afterlife held at Tel Aviv University Buchmann Faculty of Law.