Lee Fennell : Publications
Books
The Unbounded Home: Property Values Beyond Property Lines (Yale University Press 2009).
Book Sections
"Commons, Anticommons, Semicommons," in Research Handbook on the Economics of Property Law. Henry E. Smith & Kenneth Ayotte, eds. (forthcoming Edward Elgar, 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 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)
Articles and Essays
"Controlling Residential Stakes," 77 University of Chicago Law Review (symposium piece, forthcoming 2010) (with Julie Roin).
"Willpower and Legal Policy," 5 Annual Review of Law and Social Science (forthcoming 2009).
"Adjusting Alienability," 122 Harvard Law Review 1403 (2009).
"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).
“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).
Comments and Book Reviews
"Scaling Property with Professor Ellickson," William and Mary Bill of Rights Journal (forthcoming symposium piece).
"Odds and Ends: An Epstein-Inspired Look at Luck," Tulsa Law Review (forthcoming symposium piece).
"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).
