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Essay
What Kind of Oversight Board Have You Given Us?
Evelyn Douek
Evelyn Douek is a lecturer on law and S.J.D. candidate at Harvard Law School, and Affiliate at the Berkman Klein Center For Internet & Society. She studies global regulation of online speech, private content moderation, institutional design, and comparative free speech law and theory. She has participated, at Facebook’s invitation, in several workshops on the FOB, all unpaid and in her academic capacity. Tweet @evelyndouek.

The Facebook Oversight Board (the “FOB”) will see you now—well, at least a very small number of a select subset of you.

Online
Essay
Legislative Hurdles and Unintended Consequences: Potential Pitfalls of Vice President Biden’s Interest in Cabinet Restructuring
Eli Nachmany
Eli Nachmany is a J.D. Candidate in the Harvard Law School Class of 2022. Prior to law school, he served as a domestic policy aide in the White House Office of American Innovation, an assistant with the U.S. Department of Justice’s Nominations Team during the Supreme Court confirmation of Justice Brett Kavanaugh, and the Speechwriter to the U.S. Secretary of the Interior.

The author thanks Professor Adam White, Jacob Richards, and Jeremy Lewin for insightful comments on earlier drafts of this essay. The author also thanks Matthew Reade and the editors of the University of Chicago Law Review for their careful review and excellent edits. All errors are mine.

Now that former Vice President Joe Biden has emerged as the Democratic Party’s presumptive nominee for president in the 2020 general election, he and his team have started to think about a possible presidential transition.

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Essay
The Federal Government Probably Can’t Order Statewide Quarantines
Maryam Jamshidi
Maryam Jamshidi is an Assistant Professor of Law at the University of Florida, Levin College of Law.

For helpful comments and conversations, thanks to Paul McGovern, Scott Skinner-Thompson, and Ehsan Zaffar. Many thanks, as well, to the editors of the University of Chicago Law Review for their thoughtful revisions and suggestions. All errors are my own.

On Saturday, March 28, 2020, President Donald Trump floated the possibility of issuing a “quarantine” order for the states of New York, New Jersey, and Connecticut because of their numerous COVID-19 cases.

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Essay
Clarifying and Reframing the “Ministerial Exception”
Tyler B. Lindley
B.S. 2018, Brigham Young University; J.D. Candidate 2021, The University of Chicago Law School.

For helpful feedback and discussion, I thank Geoffrey Stone, Douglas Baird, Rob Barthelmess, Jonathan Acevedo, Addison Bennett, Parag Dharmavarapu, and The University of Chicago Law Review. I would also like to thank my wife, Katrina Lindley, for her indispensable discussion and support.

This term, the Supreme Court is scheduled to hear and consider Kristin Biel’s case.

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Essay
Corporate Behavior and the Tax Cuts and Jobs Act
Nicholas H. Cohen
Nicholas Cohen is the Founder and Principal of LobbySeven LLC, where he regularly publishes on fiscal policy through a quantitative lens.
Manoj Viswanathan
Manoj Viswanathan is an Associate Professor of Law at the University of California, Hastings College of the Law.

Thanks to Amrita Sethi for outstanding research assistance.

The Tax Cuts and Jobs Act of 2017 (the “TCJA”) fundamentally altered United States tax law.

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Essay
Go Configure
Lee Anne Fennell
Lee Anne Fennell is the Max Pam Professor of Law, University of Chicago Law School.

Research support from the Harold J. Green Faculty Fund and the SNR Denton Fund is gratefully acknowledged.

In Slices and Lumps: Division and Aggregation in Law and Life, I argue that the future depends on configuration. Putting together resources and cooperation in the right combinations is essential to human flourishing in multiple domains: the environment, the city, the workplace, the market, and the home.

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Essay
The Smooth Value of Lumpy Goods
Matthew D. Adler
Matthew D. Adler is the Richard A. Horvitz Professor of Law and Professor of Economics, Philosophy and Public Policy at Duke University School of Law

Economists often employ a convenient set of assumptions regarding the goods that individuals care about and the form of individuals’ preferences for these goods.

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Essay
Slicing Defamation by Contract
Yonathan Arbel
Yonathan Arbel is an Assistant Professor Law at the University of Alabama.

Slices and Lumps is a recipe book for thinking. Using a deceptively simple analytical framework, the book showcases the power of conceptualizing the world through the prism of “slices” and “lumps.”

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Essay
Indivisibilities in Technology Regulation
Lauren Henry Scholz
Lauren Scholz is an Assistant Professor of Law at the Florida State University College of Law.

Lee Fennell’s Slices and Lumps: Division and Aggregation in Law and Life reveals the benefits of isolating configurations in legal analysis. A key characteristic of configurations, or “lumps” whether found or created, is that they are indivisible.

Online
Essay
Getting People to Lump or Split Themselves: Pooling vs Separation
Peter Siegelman
Peter Siegelman is the Phillip I. Blumberg Professor of Law at the University of Connecticut School of Law

My goal in this short Essay is to show how an analytic vocabulary first developed to analyze insurance markets by Michael Rothschild and Joseph Stiglitz (some parallel ideas were developed by Michael Spence at roughly the same time) can shed light on a range of institutional design questions, from crime to contract damages.

Online
Essay
Paying with Lumps
Brian Galle
Brian Galle is a Professor of Law at the Georgetown University Law Center.

The author is grateful to the Coase Sandor Institute and the staff of the University of Chicago Law Review for organizing and carrying out a great conference. He also needs to thank Matt Adler, Yonathan Arbel, Jordan Barry, Jake Brooks, Chris Brummer, Don Langevoort, Michael Pollack, Josh Teitelbaum, and Bob Thompson for helpful comments, and Bobby Bartlett and Justin McCrary for penning the paper that inspired Part IV of the Essay. The biggest thanks, of course, go to Lee Fennell, who wrote a book packed with ideas, and also proffered sharp and gracious commentary on all the symposium papers. We hope she writes another one soon.

Slices and Lumps, the remarkable new book by Professor Lee Fennell, begins from the title itself to tell a story about the instability of how the world is organized. Lumps can be natural things, formed in a bowl by humidity’s kiss, but slices are often the work of human intervention.