Essay

OF PROPERTY AND INFORMATION

Abraham Bell* and Gideon Parchomovsky**

The property–information interface is perhaps the most crucial and undertheorized dimension of property law. Information about pro­perty can make or break property rights. Information about assets and property rights can dramatically enhance the value of ownership. Con­versely, a dearth of information can significantly reduce the benefits associated with ownership. It is surprising, therefore, that contemporary property theorists do not engage...

This Essay provides a new framework for criticizing originalism or its alternatives—the framework of positive law.

Existing debates are either conceptual or normative: They focus ei­ther on the nature of interpretation and authority, or on originalism’s abil­ity to serve other values, like predictability, democracy, or general wel­fare. Both sets of debates are stalled. Instead, we ought to ask: Is originalism our law? If not, what...

Political polarization has become a major focus in contemporary discussions on congressional activity and governance. The tone of these discussions has grown increasingly grim, as many political scientists argue that a constitutional system of divided and shared powers hardens current levels of partisan warfare into legislative gridlock. Proposals for reform abound. Scholars and political commentators have called for modifications to the electoral...