Lee Fennell
Professor of Law
1111 East 60th Street
Chicago, IL 60637
phone: 773-702-0603
email: lfennell@uchicago.edu

Books 

The Unbounded Home: Property Beyond the Parcel (forthcoming Yale University Press 2009).  

Articles and Essays 

"Homeownership 2.0," 102 Northwestern University Law Review 1047 (2008).

"Slices and Lumps," U of Chicago Law & Economics, Olin Working Paper No. 395 (2008 Coase Lecture).

"Order with Outlaws?" 156 U Pa. L. Rev. PENNumbra 269 (2007) (response to Eduardo Moisés Peñalver & Sonia K. Katyal, Property Outlaws, 155 University of Pennsylvania Law Review 1095 (2007)).

“Property and Half-Torts,” 116 Yale Law Journal 1400 (2007).

“Properties of Concentration,” 73 University of Chicago Law Review 1227 (2006).

“Efficient Trespass: The Case for ‘Bad Faith’ Adverse Possession,” 100 Northwestern University Law Review 1037 (2006).

“Taxation over Time,” 59 Tax Law Review 1 (2005) (with Kirk J. Stark).

“Revealing Options,” 118 Harvard Law Review 1399 (2005).

“Taking Eminent Domain Apart,” 2004 Michigan State Law Review 957 (2004).

“Contracting Communities,” 2004 University of Illinois Law Review 829 (2004).

“Common Interest Tragedies,” 98 Northwestern University Law Review 907 (2004)

“Relative Burdens: Family Ties and the Safety Net,” 45 William & Mary Law Review 1453 (2004).

“Fear and Greed in Tax Policy: A Qualitative Research Agenda,” 13 Washington University Journal of Law & Policy 75 (2003) (with Christopher C. Fennell).

“Death, Taxes, and Cognition,” 81 North Carolina Law Review 567 (2003).

“Beyond Exit and Voice: User Participation in the Production of Local Public Goods,” 80 Texas Law Review 1 (2001).

“Hard Bargains and Real Steals: Land Use Exactions Revisited,” 86 Iowa Law Review 1 (2000) (reprinted in 2001 Zoning & Planning Law Handbook 525, Patricia Salkin, ed., 2001 and 33 Land Use & Environment Law Review 3 (A. Dan Tarlock and David Callies, eds., 2002)

"Between Monster and Machine: Rethinking the Judicial Function," 51 South Carolina Law Review 183 (1999)

"Interdependence and Choice in Distributive Justice: The Welfare Conundrum," 1994 Wisconsin Law Review 235 (1994)

"Optimality in Fourth Amendment Law," 27 American Criminal Law Review 473 (1990).

Book Chapters

"Commons, Anticommons, and Semicommons," in Research Handbook on the Economics of Property Law (Edward Elgar forthcoming 2009).

“Exclusion’s Attraction: Land Use Controls in Tieboutian Perspective,” in The Tiebout Model At Fifty: Essays In Public Economics In Honor Of Wallace Oates 163, William Fischel, ed. (Lincoln Institute of Land Policy 2006).

“Hyperopia in Public Finance,” in Behavioral Public Finance: Toward A New Agenda 141, Edward J. McCaffery & Joel Slemrod, eds. (Russell Sage 2006).

“Unpacking the Gift: Illiquid Goods and Empathetic Dialogue,” in The Question Of The Gift: Essays Across Disciplines 85, Mark Osteen, ed. (Routledge 2002)

Comments And Book Reviews

"Order with Outlaws?" 156 University of Pennsylvania Law Review PENNumbra 269 (2007) [response to Eduardo Moisés Peñalver & Sonia K. Katyal, "Property Outlaws," 155 University of Pennsylvania Law Review 1095 (2007)].

Commentary on William A. Fischel, "Political Structure and Exclusionary Zoning: Are Small Suburbs the Big Problem?" in Fiscal Decentralization and Land Policies, Gregory K. Ingram & Yu-Hung Hong, eds. 137 (Lincoln Institute of Land Policy, 2008).

Review of Robin Paul Malloy, Law In A Market Context: An Introduction To
Market Concepts In Legal Reasoning, 55 Journal of Legal Education 295 (2005).

“Homes Rule,” Review of William A. Fischel, The Homevoter Hypothesis: How Home Values Influence Local Government Taxation, School Finance, And Land-Use Policies, 112 Yale Law Journal 617 (2002).

Recent and Upcoming Presentations

Case Western Reserve University School of Law, Faculty Workshop, April 2009

Temple University School of Law, Faculty Workshop, March 2009

Legal Scholarship Symposium Honoring Richard Epstein, University of Tulsa College of Law, March 2009 

Indiana University, Political Theory Workshop, March 2009

University of Southern California, Law, Economics, and Organization Workshop, February 2009

Columbia Law School, Tax Policy Colloquium, December 2008 

Conference Honoring Robert Ellickson (awardee of the Brigham-Kanner Property Rights Prize) (commentator), William & Mary School of Law, October 2008  

Midwest Law and Economics Association, Annual Meeting, October 2008 

Kansas University School of Law, Faculty Workshop, September 2008

University of Iowa School of Law, Faculty Workshop, September 2008

University of Colorado School of Law, Property Works in Progress Conference, June 2008

Law and Society Annual Meeting, Montreal, May 2008

American Law and Economics Association, Annual Meeting, May 2008

Contested Commodities: Reframing the Debate on Finanical Incentives in the Supply of Genetic Materials (commentator), University of Chicago Law School, April 2008

University of Chicago Law School, Coase Lecture, February 2008

Association of American Law Schools, Annual Meeting, Property Junior Scholars Panel (commentator), January 2008  

Works In Progress

"Willpower, Impulsiveness, and Legal Policy," 5 Annual Review of Law & Social Science (forthcoming December 2009).

Adjusting Alienability 

Risk Reversals

Taxing Willpower