Lee Anne Fennell

I thank the Harold J. Green Faculty Fund and the SNR Denton Fund for research support and Christopher Fennell, Lior Strahilevitz, and Ryan Walsh for helpful comments and insights.

For conversations about this Essay, we thank Anupam Chander, Victor Fleischer, Jerry Frug, Calvin Johnson, Michael Knoll, Steven Medema, Richard Schragger,Sloan Speck, Andrew Verstein, and participants in the Harvard Law School conference Celebrating Jerry Frug’s Work on Cities. We also thank Reeves Jordan for excellent research assistance. An earlier, longer draft of this Essay circulated under the title Inverted Theoriesand remains available on Chicago Unbound athttp://perma.cc/XB7Q-TXYE.

I thank Ellen Aprill, Adam Hirsch, and participants in The University of Chicago Law Review Symposium on Personalized Law and in the 2018 Annual Meeting of the American Law and Economics Association for helpful comments and questions. Research support from the Harold J. Green Faculty Fund and the SNR Denton Fund is also gratefully acknowledged. Some of the analysis contained here will appear in Lee Anne Fennell, Slices and Lumps: Division and Aggregation in Law and Life (Chicago, forthcoming 2019).

We thank Amnon Lehavi, Lior Strahilevitz, participants in The University of Chicago Law School’s Symposium, Reassessing the State and Local Government Toolkit, and participants in the 2009 Property Works in Progress conference held at the University of Colorado School of Law for helpful comments and questions on this project. Prisca Kim and Eric Singer provided excellent research assistance.