Columbia Law Professor Mike Heller has written an extraordinarily thoughtful book entitled "The Gridlock Economy: How Too Much Ownership Wrecks Markets, Stops Innovation, and Costs Lives."  Written in the tone of Malcolm Gladwell's "Blink," Larry Lessig's "The Future of Ideas," and Tim Wu's "Who Controls the Internet?", Heller examines the phenomenon when too much ownership can block its highest and best societal use.  In doing so, he introduces the reader to new terms ("underuse" and "the tragedy of the anticommons") and creates a new language with which to grapple with issues both theoretical and real.

I read the book last weekend and strongly recommend it. 

At one point, Heller cites the so-called "lobster gangs" of Maine wherein lobster fisherpersons (trust me, there are many women who are hauling traps even as I write) have their own codes which he likens to the "management principles of Tony Soprano."   This colorful and fanciful description (written by one of the many NYT reporters who buffalo their editors into summer vacations in Maine by conjuring up silly stories) nonetheless brought back to mind my ten years as AG of Maine and of wrestling with the lobster issue.  Working with the then Maine Commissioner of Marine Resources - who had the marvelous name of Spencer Appolonio - and with all stakeholders, we did fashion a resource sensible/law based solution.  I only wish we had Heller's book during our struggle.  It would have assisted us in using a language that made sense to all involved.

Attorneys general struggle with the issue of ownership everyday.   The implications of Kelo v. City of New London  continue to trouble all aspects of state regulation.   I suggest that the attorneys general give themselves a break and pick up Heller’s new book.  I suggest that they focus on the chapter entitled “The New Lexicon” and the chapter that deals with the spectrum issues. 

In doing so, leave your personal prejudices at the door and get into the new place that Heller will take you.