right to exclude as the core of property is sufficiently determinate to avoid the same disintegrating effects as the bundle … false promise. Merrill and Smith are correct that the bundle conception is wrong, but their model of how the right to … exclude functions in practice--what they call an "exclusion strategy"--cannot account for the substantial majority of property …

basis that it is the essence of the patent right to exclude others. But the U.S. Supreme Court signalled a change in 2006 …