— and its attendant concept “property” — has limited inherent content. See, e.g., Wesley Newcomb Hohfeld, Some Fundamental Legal Conceptions as Applied in Judicial Reasoning and Other Legal Essays 96 (Walter Wheeler Cook ed., 1923) (stating that property “consists of a complex aggregate of rights (or claims), privileges, powers, and immunities”). Courts and commentators have supplied no consistent guidance as to which rights in the proverbial property bundle define ownership. Compare, e.g., Hodel v. Irving, 481 U.S. 704, 716, 107 S.Ct. 2076, 95 L.Ed.2d 668 (1987) (stating that “the right to pass on property — to one’s family in particular” constitutes a protected property right under the Fifth Amendment), with Andrus v. Allard, 444 U.S. 51, 65-66, 100 S.Ct. 318, 62 L.Ed.2d 210 (1979) (<HOLDING>); see also William A. Fischel, Introduction:
holding that the fifth amendment did not apply to tribal government holding that the prosecutors comment regarding the defendants failure to call a potential witness did not shift the burden of proof because it did not implicate the defendants fifth amendment right not to testify holding that abrogating the right to sell endangered eagles feathers did not implicate the fifth amendment holding that mere negligence does not implicate the right to due process recognizing that preliminary injunction requiring defendant to disclose records might implicate fifth amendment