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Lee Fennell : Publications

Books (Author)

    The Unbounded Home: Property Values Beyond Property Lines (Yale University Press, 2009). [CU] [WWW]

Books (Editor)

    Fairness in Law and Economics. (Edward Elgar, 2013) (edited with Richard H. McAdams). [CU] [WWW]

Journal Articles

    "Searching for Fair Housing," 97 Boston University Law Review __ (forthcoming 2017). [SSRN]

    "The Distributive Deficit in Law and Economics," 100 Minnesota Law Review 1051 (2016) (with Richard H. McAdams). [CU] [SSRN]

    "Fee Simple Obsolete," 91 New York University Law Review __ (forthcoming 2016). [SSRN]

    "Because and Effect: Another Take on Inclusive Communities," 68 Stanford Law Review Online 85 (2016) (response to Noah D. Zatz, The Many Meanings of "Because Of:": A Comment on Inclusive Communities Project, 68 Stan. L. Rev. Online 68 (2015)). [WWW]

    "Co-location, Co-location, Co-location: Land Use and Housing Priorities Reimagined," 39 Vermont Law Review 925 (2015) (Norman Williams lecture). [CU] [WWW]

    "Slicing Spontaneity," 100 Iowa Law Review 2365 (2015). [CU] [SSRN]

    "Do Not Cite or Circulate," 18 Green Bag 2d 151 (2015). [SSRN] [WWW]

    "Agglomerama," 2014 Brigham Young University Law Review 1373 (2015). [CU] [SSRN]

    "Partition and Revelation," 81 University of Chicago Law Review 27 (2014) (with Yun-chien Chang). [CU] [SSRN]

    "Forcings," 114 Columbia Law Review 1297 (2014). [CU] [SSRN]

    "Exactions Creep," 2013 Supreme Court Review 287 (2014) (with Eduardo Peñalver). [WWW]

    "The Problem of Resource Access," 126 Harvard Law Review 1471 (2013). [CU] [SSRN]

    "Property in Housing," 12 Academia Sinica Law Journal 31 (2013). [SSRN]

    "Crowdsourcing Land Use," 78 Brooklyn Law Review 385 (2013). [CU] [SSRN]

    "Just Enough," 113 Columbia Law Review Sidebar 109 (2013). [CU] [SSRN]

    "Picturing Takings," 88 Notre Dame Law Review 57 (2012) (Figures in PowerPoint format). [CU] [SSRN]

    "Options for Owners and Outlaws," 1 Brigham-Kanner Property Rights Conference Journal 239 (2012). [CU] [WWW]

    "Lumpy Property," 160 University of Pennsylvania Law Review 1955 (2012). [CU] [SSRN]

    "Willpower Taxes," 99 Georgetown Law Journal 1371 (2011). [CU] [SSRN]

    "Unbundling Risk," 60 Duke Law Journal 1285 (2011). [CU] [SSRN]

    "Ostrom's Law: Property Rights in the Commons," 5 International Journal of the Commons 9 (2011). [SSRN] [WWW]

    "Property and Precaution," 4 Journal of Tort Law Online (2011). [SSRN]

    "Reassessing the State and Local Government Toolkit: Introduction," 77 University of Chicago Law Review 1 (2010) (with Julie Roin & Richard A. Epstein). [CU]

    "Controlling Residential Stakes," 77 University of Chicago Law Review 143 (2010) (with Julie Roin). [CU] [SSRN]

    "Adjusting Alienability," 122 Harvard Law Review 1403 (2009). [CU] [SSRN]

    "Willpower and Legal Policy," 5 Annual Review of Law and Social Science 91 (2009). [SSRN] [WWW]

    "Scaling Property with Professor Ellickson," 18 William and Mary Bill of Rights Journal 173 (2009). [CU] [WWW]

    "Odds and Ends: An Epstein-Inspired Look at Luck," 44 Tulsa Law Review 779 (2009). [CU] [SSRN]

    "Homeownership 2.0," 102 Northwestern University Law Review 1047 (2008). [CU] [SSRN]

    "Order with Outlaws?," 156 University of Pennsylvania Law Review PENNumbra 269 (2007). [CU] [WWW]

    "Property and Half-Torts," 116 Yale Law Journal 1400 (2007). [CU] [SSRN]

    "Properties of Concentration," 73 University of Chicago Law Review 1227 (2006). [CU] [SSRN]

    "Efficient Trespass: The Case for 'Bad Faith' Adverse Possession," 100 Northwestern University Law Review 1037 (2006). [CU] [SSRN]

    "Revealing Options," 118 Harvard Law Review 1399 (2005). [CU] [SSRN]

    "Book Review (reviewing Robin Paul Malloy, Law in a Market Context: An Introduction to Market Concepts in Legal Reasoning (2004))," 55 Journal of Legal Education 295 (2005).

    "Taxation over Time," 59 Tax Law Review 1 (2005) (with Kirk J. Stark). [SSRN]

    "Common Interest Tragedies," 98 Northwestern University Law Review 907 (2004). [CU] [SSRN]

    "Relative Burdens: Family Ties and the Safety Net," 45 William and Mary Law Review 1453 (2004). [CU] [SSRN]

    "Contracting Communities," 2004 University of Illinois Law Review 829 (2004). [CU] [SSRN]

    "Taking Eminent Domain Apart," 2004 Michigan State Law Review 957 (2004). [CU] [SSRN]

    "Fear and Greed in Tax Policy: A Qualitative Research Agenda," 13 Washington University Journal of Law and Policy 75 (2003) (with Christopher C. Fennell). [CU] [SSRN]

    "Death, Taxes, and Cognition," 81 North Carolina Law Review 567 (2003). [CU] [SSRN]

    "Homes Rule (reviewing William A. Fischel, The Homevoter Hypothesis: How Home Values Influence Local Government Taxation, School Finance, and Land-Use Policies (2001))," 112 Yale Law Journal 617 (2002). [CU] [WWW]

    "Beyond Exit and Voice: User Participation in the Production of Local Public Goods," 80 Texas Law Review 1 (2001). [CU] [SSRN]

    "Hard Bargains and Real Steals: Land Use Exactions Revisited," 86 Iowa Law Journal 1 (2000) (reprinted in Zoning and Planning Handbook 525, Patricia Salkin, ed., 2001, and 33 Land Use and Environment Law Review 3, 2002). [CU] [SSRN]

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

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

Book Sections

    "Introduction," in Fairness in Law and Economics, Lee Anne Fennell & Richard H. McAdams eds. (Edward Elgar, 2013) (with Richard H. McAdams). [SSRN]

    "Possession Puzzles," in Powell on Real Property, Michael Allan Wolf ed. (LexisNexis, 2010) (The Third in the Wolf Family Lecture Series on the American Law of Real Property). [SSRN]

    "Commons, Anticommons, Semicommons," in Research Handbook on the Economics of Property Law, Kenneth M. Ayotte & Henry E. Smith eds. (Edward Elgar, 2009). [SSRN]

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

    "Hyperopia in Public Finance," in Behavioral Public Finance: Toward a New Agenda, Edward J. McCaffery & Joel Slemrod eds. (Russell Sage, 2006).

    "Exclusion's Attraction: Land Use Controls in Tieboutian Perspective," in The Tiebout Model at Fifty: Essays in Public Economics in Honor of Wallace Oates, William A. Fischel ed. (Lincoln Institute of Land Policy, 2006). [WWW]

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

Working Papers

    "Searching for Fair Housing," Kreisman Working Papers Series in Housing Law and Policy, No. 34 (2016). [SSRN]

    "Slices and Lumps," John M. Olin Program in Law and Economics Working Paper, No. 395 (2008) (2008 Coase Lecture). [CU] [WWW]