Regulations, like other legal instruments, often arrive in lumps. An agency, for example, can issue a rule addressing many different subjects, each of which could be split off and issued as a separate regulation.
Slices and Lumps Symposium
The author wishes to thank Joshua Blank, Neil Buchanan, Erin Delaney, Michelle Falkoff, David Weisbach, and participants in the Slices and Lumps symposium for helpful discussions and comments.
Law engages aggregation and division in at least one additional, closely related way: law must sometimes decide the proper unit of analysis not just in deciding whether the law has been violated, but also to decide what body of law applies.
The author thanks Lee Fennell, Hiba Hafiz, John Infranca, Jeff Leslie, Darrell Miller, and Michael Pollack for helpful comments on an earlier draft, as well as the Carl S. Lloyd Faculty Fund for research support.
One of the many virtues of Lee Fennell’s terrific new book, Slices & Lumps: Division and Aggregation in Law and Life, is her insistence that property scholars vigilantly seek out gaps in existing arrangements. Where there’s a gap, there’s an opportunity to unlock suppressed value.
The author wishes to thank Christopher Buccafusco, Marie-Amélie George, Hiba Hafiz, Michael Herz, Stewart Sterk, Lior Strahilevitz, Samuel Weinstein, and all of the participants at the Slices & Lumps Symposium for engaging comments and conversations.
A popular tweet (popular to a certain segment of folks roughly 250,000 strong, at least) chants, “Who are we? Single young professionals. What do we want? For perishable groceries to be sold in smaller portion sizes.”
Spend too long within the pages of Lee Fennell’s Slices and Lumps and you begin to see slices and lumps everywhere.
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