Things to Read This Week (6/1/26)

Origin Stories in Property Law, by Jose Argueta Funes. The role of the official story about the relationship between new property regimes and older rights, by way of the history of resource litigation in Hawaii.

Meanwhile, another one from Funes, this time in the Yale Law Journal — The “Code American” and Law’s Empire, a review of Kellen Funk’s book. Also, of course, with a Hawaii application.

Also in the YLJ — Meaning, Understanding, and Contextual Textualism, an interesting and less literalistic turn from Alana Frederick and Judge Kevin Newsom.

And of course Richard and I have the post from SCOTUSBlog, cross-posted this morning, on the problem with judicial invocations of “common sense.”