Slicing Defamation by Contract by Yonathan Arbel

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.” As Professor Fennell shows, the level of granularity of legal rights and duties—how lumpy they are—can have a marked impact on behavior, which presents … Continue reading Slicing Defamation by Contract by Yonathan Arbel

The Smooth Value of Lumpy Goods by Matthew D. Adler

Lumpiness and the Standard Picture Economists often employ a convenient set of assumptions regarding the goods that individuals care about and the form of individuals’ preferences for these goods. For short, call this set of assumptions “the Standard Picture.” (1) Individuals’ preferences are “outcome-oriented,” in the sense that each individual cares about her own holdings of … Continue reading The Smooth Value of Lumpy Goods by Matthew D. Adler

Lumps in Antitrust Law by Sean P. Sullivan

The framework of aggregation and division that Lee Fennell develops in Slices and Lumps: Division and Aggregation in Law and Life is both elegant and encompassing. Through the simple device of questioning how ideas and individuals are grouped together, or split apart, Fennell is able to explain and challenge concepts from diverse areas of law. … Continue reading Lumps in Antitrust Law by Sean P. Sullivan

Indivisibilities in Technology Regulation by Lauren Henry Scholz

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. To say a lump is indivisible is not to say that it is literally impossible to divide, but … Continue reading Indivisibilities in Technology Regulation by Lauren Henry Scholz

From Slices to Lumps and Back Again: Aggregation and Division in US Federal Income Tax Law by Sarah B. Lawsky

Introduction As Lee Anne Fennell writes in Slices and Lumps: Division and Aggregation in Law and Life, “law must determine the proper unit of analysis—how widely or narrowly to set its viewfinder—in assessing whether a given line has been crossed or a given standard has been satisfied . . . . Second, law must decide how sharp or … Continue reading From Slices to Lumps and Back Again: Aggregation and Division in US Federal Income Tax Law by Sarah B. Lawsky

Slicing (and Transferring) Development by John Infranca

Introduction: Lumpy Depth Spend too long within the pages of Lee Fennell’s Slices and Lumps and you begin to see slices and lumps everywhere. The deadline for this Essay fast approaches and I fear I will not have enough time to devote to it. Sure, there are slices of time I can carve out between … Continue reading Slicing (and Transferring) Development by John Infranca

Getting People to Lump or Split Themselves: Pooling vs Separation by Peter Siegelman

I. Lumping & Splitting vs Pooling & Separating 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 … Continue reading Getting People to Lump or Split Themselves: Pooling vs Separation by Peter Siegelman