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Lee Fennell : Publications

Books (Author)

    Slices and Lumps: Division and Aggregation in Law And Life (under contract with University of Chicago Press).

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

Books (Editor)

    Evidence and Innovation in Housing Law and Policy.(under contract with Cambridge University Press) (edited with Benjamin Keys).

    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 349 (2017). [SSRN]

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

    "Fee Simple Obsolete," 91 New York University Law Review 1457 (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). [CU] [WWW]

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

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

    "Do Not Cite or Circulate," 18 Green Bag 151 (2015).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

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

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

    "Forcings," 114 Columbia Law Review 1297 (2014). [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). [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 269 (2007). [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 Review 1 (2000) (reprinted in Zoning and Planning Handbook 525, Patricia Salkin, ed., 2001, and 33 Land Use and Environment Law Review 3, 2002). [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

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

Other Publications

    "Do Something! Sins of Omission in Property Law (reviewing Christopher Serkin, Passive Takings: The State’s Affirmative Duty to Protect Property, 113 MICH. L. REV. 345 (2014); Nadav Shoked, The Duty to Maintain, 64 DUKE L.J. 437 (2014))," JOTWELL, June 20, 2016.

    "A Tale of Two Cities," Balkinization, November 17, 2016. [WWW]