Lee Fennell

Lee Fennell

Max Pam Professor of Law

Lee Fennell joined the Law School faculty in 2007, having previously served as a Bigelow Fellow from 1999 to 2001. In the intervening years, she taught at the University of Texas School of Law from 2001 to 2004 and at the University of Illinois College of Law from 2004 to 2007. She has also held visiting positions at Yale Law School, NYU School of Law, and the University of Virginia School of Law. She received her JD magna cum laude from Georgetown University Law Center in 1990. Before teaching law, she practiced at Pettit & Martin, the State and Local Legal Center, and the Virginia School Boards Association.

Her teaching and research interests include property, torts, land use, housing, social welfare law, state and local government law, and public finance. She is the author of The Unbounded Home: Property Values Beyond Property Lines (Yale University Press 2009), as well as many articles and essays.

Education

Georgetown University Law Center
JD, magna cum laude, May 1990

  • Order of the Coif
  • Topics Editor, American Criminal Law Review
  • John M. Olin Fellow in Law and Economics

The University of Virginia
Scholar-in-Residence, School of Law, Fall 1998-Spring 1999
Henry Hoyns Fellow in Fiction; MFA in fiction writing, May 1998

Baylor University
BBA, summa cum laude in public administration, August 1987

Experience

The University of Chicago Law School
Max Pam Professor of Law, 2011-present
Ronald H. Coase Research Scholar, 2015-2018
Co-director, Kreisman Initiative on Housing Law and Policy, 2014-2018
Herbert and Marjorie Fried Research Scholar, 2012-2014
Professor, 2007-2011
Bigelow Teaching Fellow, 1999–2001
Committee Service:

  • Entry-Level Chair, Appointments Committee, 2013-2014 
  • Lateral Chair, Appointments Committee, 2012-2013
  • Bigelow Program Committee, 2010-2012
  • Appointments Committee, 2008-2010, 2017-18
  • Law Teaching: Placement of Graduates Committee, 2007-08, 2016-17

The University of Illinois College of Law
Professor, 2006-2007
Associate Professor, 2004-2006
Associate Director, Illinois Program in Law and Economics

  • Courses: Property; Land Use; Statutory Interpretation—Fair Housing; Advanced Law and Economics (co-taught with Thomas S. Ulen)
  • Admissions Committee, spring 2007
  • Scholarship Committees, spring 2007 
  • Curriculum Committee, 2004-2005
  • Academic Affairs Committee, 2004-2005

University of Virginia School of Law
Visiting Professor, fall 2006

  • Courses: Social Welfare Law; Tragedies of the Commons and Anticommons

New York University School of Law
Visiting Professor, spring 2006

  • Courses: Fair Housing; Colloquium on the Law, Economics, and Politics of Urban Affairs (co-taught with Vicki Been and Ingrid Gould Ellen)

Yale Law School
Visiting Associate Professor, fall 2005

  • Courses: Property; Social Welfare Policy

University of Texas School of Law
Assistant Professor, 2001-2004

  • Courses: Property; Social Welfare Law; Economics, Behavior, and the Law
  • Rules and Standards Committee, 2003-2004
  • Appointments Committee, 2002-2003
  • Curriculum Committee, 2001-2002

Virginia School Boards Association Charlottesville, VA
Staff Attorney, September 1998-July 1999

University of Virginia
English Department, Instructor, 1997-1998

  • Courses: Introductory Fiction Writing

State and Local Legal Center Washington, D.C.
Associate Counsel, November 1992 -June 1996

Pettit & Martin Washington, D.C. and San Francisco, CA
Associate, September 1990-November 1992

Books (Author)

  • Slices and Lumps: Division and Aggregation in Law And Life (under contract with University of Chicago Press).
  • Property II (Revised Custom ed.) (Wolters Kluwer, 2017).
  • The Unbounded Home: Property Values Beyond Property Lines (Yale University Press, 2009).cu www

Books (Editor)

  • Evidence and Innovation in Housing Law and Policy. (Cambridge University Press, 2017) (edited with Benjamin Keys) (Open Access full text available). cu www
  • Fairness in Law and Economics. (Edward Elgar, 2013) (edited with Richard H. McAdams). cu www

Journal Articles

  • "Accidents and Aggregates," 59 William and Mary Law Review __ (forthcoming 2018). ssrn
  • "Searching for Fair Housing," 97 Boston University Law Review 349 (2017). ssrn cu
  • "Fee Simple Obsolete," 91 New York University Law Review 1457 (2016). ssrn cu
  • "The Distributive Deficit in Law and Economics," 100 Minnesota Law Review 1051 (2016) (with Richard H. McAdams). ssrn cu
  • "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). cu www
  • "Do Not Cite or Circulate," 18 Green Bag 151 (2015). ssrn cu www
  • "Agglomerama," 2014 Brigham Young University Law Review 1373 (2015). ssrn cu
  • "Slicing Spontaneity," 100 Iowa Law Review 2365 (2015). ssrn cu
  • "Forcings," 114 Columbia Law Review 1297 (2014). ssrn cu
  • "Partition and Revelation," 81 University of Chicago Law Review 27 (2014) (with Yun-chien Chang). ssrn cu
  • "Exactions Creep," 2013 Supreme Court Review 287 (2014) (with Eduardo Peñalver). cu www
  • "The Problem of Resource Access," 126 Harvard Law Review 1471 (2013). ssrn cu
  • "Property in Housing," 12 Academia Sinica Law Journal 31 (2013). ssrn cu
  • "Crowdsourcing Land Use," 78 Brooklyn Law Review 385 (2013). ssrn cu
  • "Just Enough," 113 Columbia Law Review Sidebar 109 (2013). ssrn cu
  • "Picturing Takings," 88 Notre Dame Law Review 57 (2012) (Figures in PowerPoint format). ssrn cu
  • "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). ssrn cu
  • "Willpower Taxes," 99 Georgetown Law Journal 1371 (2011). ssrn cu
  • "Unbundling Risk," 60 Duke Law Journal 1285 (2011). ssrn cu
  • "Ostrom's Law: Property Rights in the Commons," 5 International Journal of the Commons 9 (2011). ssrn cu www
  • "Property and Precaution," 4 Journal of Tort Law Online (2011). ssrn cu
  • "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). ssrn cu
  • "Adjusting Alienability," 122 Harvard Law Review 1403 (2009). ssrn cu
  • "Willpower and Legal Policy," 5 Annual Review of Law and Social Science 91 (2009). ssrn cu 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). ssrn cu
  • "Homeownership 2.0," 102 Northwestern University Law Review 1047 (2008). ssrn cu
  • "Order with Outlaws?," 156 University of Pennsylvania Law Review 269 (2007). cu www
  • "Property and Half-Torts," 116 Yale Law Journal 1400 (2007). ssrn cu
  • "Properties of Concentration," 73 University of Chicago Law Review 1227 (2006). ssrn cu
  • "Efficient Trespass: The Case for 'Bad Faith' Adverse Possession," 100 Northwestern University Law Review 1037 (2006). ssrn cu
  • "Revealing Options," 118 Harvard Law Review 1399 (2005). ssrn cu
  • "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). cu
  • "Taxation over Time," 59 Tax Law Review 1 (2005) (with Kirk J. Stark). ssrn cu
  • "Common Interest Tragedies," 98 Northwestern University Law Review 907 (2004). ssrn cu
  • "Relative Burdens: Family Ties and the Safety Net," 45 William and Mary Law Review 1453 (2004). ssrn cu
  • "Contracting Communities," 2004 University of Illinois Law Review 829 (2004). ssrn cu
  • "Taking Eminent Domain Apart," 2004 Michigan State Law Review 957 (2004). ssrn cu
  • "Fear and Greed in Tax Policy: A Qualitative Research Agenda," 13 Washington University Journal of Law and Policy 75 (2003) (with Christopher C. Fennell). ssrn cu
  • "Death, Taxes, and Cognition," 81 North Carolina Law Review 567 (2003). ssrn cu
  • "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). ssrn cu
  • "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 cu
  • "Between Monster and Machine: Rethinking the Judicial Function," 51 South Carolina Law Review 183 (1999). ssrn cu
  • "Interdependence and Choice in Distributive Justice: The Welfare Conundrum," 1994 Wisconsin Law Review 235 (1994). cu

Book Sections

  • "Introduction," in Evidence and Innovation in Housing Law and Policy, Lee Anne Fennell & Benjamin Keys eds. (Cambridge University Press, 2017) (with Benjamin Keys). cu www
  • "Introduction," in Fairness in Law and Economics, Lee Anne Fennell & Richard H. McAdams eds. (Edward Elgar, 2013) (with Richard H. McAdams). ssrn cu
  • "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 cu
  • "Commons, Anticommons, Semicommons," in Research Handbook on the Economics of Property Law, Kenneth M. Ayotte & Henry E. Smith eds. (Edward Elgar, 2009). ssrn cu
  • "'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). cu
  • "Hyperopia in Public Finance," in Behavioral Public Finance: Toward a New Agenda, Edward J. McCaffery & Joel Slemrod eds. (Russell Sage, 2006). cu
  • "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). cu www
  • "Unpacking the Gift: Illiquid Goods and Empathetic Dialogue," in The Question of the Gift: Essays Across Disciplines, Mark Osteen ed. (Routledge, 2002). cu

Working Papers

  • "Inverted Theories," University of Chicago Public Law & Legal Theory Paper Series, No. 648 (2017) (with Richard H. McAdams). ssrn
  • "Slices and Lumps," John M. Olin Program in Law and Economics Working Paper, No. 395 (2008) (2008 Coase Lecture). cu www

Other Publications

  • "A Tale of Two Cities," Balkinization, November 17, 2016. www
  • "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.

University of Michigan Law School, Law and Economics Workshop, December 2018

Wythe Lecture, William & Mary Law School, October 2018

Civil Wrongs and Justice in Private Law, Rutgers Law School, Camden, October 2018

Tax Policy Colloquium, Loyola Law School, Los Angeles, September 2018

American Law and Economics Association, Annual Meeting, May 2018

Universidad de Chile, V Civil Law Student Congress, March 2018

University of Virginia School of Law, Faculty Workshop, October 2017

American Law and Economics Association, Annual Meeting, May 2017

Association for Law, Property, & Society, 8th Annual Meeting, May 2017

University of Arizona Law Faculty Workshop, April 2017

Seminar in Private Law, Yale Law School, March 2017

Texas A&M School of Law, Law and Social Science Seminar, February 2017

Texas A&M School of Law, Real Property Roundtable (keynote) February 2017

ASSA 2017 Annual Meeting, International Network for Economic Method, Interdisciplinary Perspectives on Economics and Land Value, January 2017

Law and Economics Workshop, University of Texas School of Law, November 2016

Law, Economics, and Politics Colloquium, Duke Law School, November 2016

Warren F. Schwartz Memorial Law and Economics Conference (discussant), Georgetown University Law Center, November 2016

Hohfeld Centennial Workshop (commentator), Yale Law School, October 2016

Faculty Colloquium, MIT Department of Urban Studies and Planning, September 2016

Midwest Law and Economics Association, Annual Meeting, September 2016

Property Works in Progress Conference, Boston University Law School, September 2016

American Law and Economics Association, Annual Meeting, May 2016

Comparative Land Use Law Conference, Yale Law School, April 2016

Harper Lecture, Santiago, Chile, March 2016

Universidad Torcuato Di Tella Law School, Buenos Aires, Argentina, March 2016

Columbia Law School, Tax Policy Colloquium, November 2015

The Core of Property Workshop, Königswinter, Germany, October 2015

UC Davis School of Law, Faculty Workshop, September 2015

University of Iowa College of Law, Faculty Workshop, September 2015

University of Idaho School of Law, Faculty Workshop, August 2015

2015 Coase-Sandor Summer Institute in Law and Economics, University of Chicago Law School, Housing, Land Use, and the Economics of Property Rights (ten-hour short course), July 2015

Celebrating Jerry Frug’s Work on Cities, Harvard Law School, June 2015

American Law and Economics Association, Annual Meeting, May 2015

Tulane Property Roundtable, Tulane University Law School, March 2015

University of San Diego School of Law, Faculty Workshop, January 2015

Conference on Spontaneous Order and Emergence of New Systems of Property at NYU School of Law, November 2014

William & Mary School of Law Faculty Workshop, October 2014

Colorado Law School Faculty Colloquium, September 2014

"Law and Property Markets," 2014 Coase-Sandor Summer Institute in Law and Economics at University of Chicago Law School, July 2014

Law and Economics Mini-Symposium on Coase and Property Rights, May 2014 (keynote)

American Law and Economics Association Annual Meeting, May 2014

Norman Williams Lecture at Vermont Law School, April 2014

The Global Commons Symposium at Brigham Young University Law Review, January 2014

Benjamin N. Cardozo School of Law Faculty Workshop, November 2013

University of Virginia School of Law Faculty Workshop, November 2013

Chicago-Kent College of Law Faculty Workshop, November 2013

Working Conference on Homeownership and Housing Policy at Notre Dame Law School, October 2013 (panelist)

Tulane Law School Faculty Workshop, September 2013

Florida State University College of Law Faculty Workshop, September 2013

The Institutions of Property Rights Workshop at Free University of Bozen, September 2013

University of Chicago Law Review Symposium Conference on Revelation Mechanisms and the Law, 2013 (with Yun-chien Chang)

American Law and Economics Association Annual Meeting, May 2013

Property Theory Workshop at NYU School of Law, May 2013

University of Texas Law School Faculty Colloquium, March 2013

Reed College Lecture on Commons, Anticommons, Semicommons, February 2013

7th International Planning, Law, and Property Rights Conference at Portland State University, February 2013 (keynote)

Interdisciplinary Center Herzliya, December 2012 (condensed course)

Northwestern University School of Law Law and Economics Workshop, October 2012

9th Annual Brigham-Kanner Property Rights Conference at William & Mary School of Law, October 2012 (panelist)

Stellenbosch University Faculty of Law, August 2012 (seminars)

4th Conference on Law and Economic Analysis at Academia Sinica, Taipei, June 2012  (keynote)

Methodology Lecture, Institutum Iurisprudentiae at Academia Sinica, June 2012

National Taiwan University College of Law Lecture on Commons, Anticommons, Semicommons, June 2012

Fordham Law School Property Works in Progress Conference, June 2012

American Law and Economics Association Annual Meeting, May 2012

Syracuse University College of Law Faculty Colloquium, March 2012

Notre Dame Law School Faculty Colloquium, March 2012

Brooklyn Law School Trager Symposium, Post Zoning: Alternative Forms of Public Land Use Controls, February 2012

University of Pennsylvania Law School Property Theory Symposium, November 2011

Seton Hall University School of Law Faculty Colloquium, October 2011

University of Michigan Law School Law and Economics Workshop, October 2011

8th Annual Brigham-Kanner Property Rights Conference in Beijing, October 2011 (panelist)

Fundação Getulio Vargas School of Law in Rio de Janeiro, September 2011

Cornell Law School Faculty Workshop, September 2011

Emory University School of Law Faculty Colloquium, September 2011

Conference on Property Rights and China’s Development and Transformation in Beijing, June 2011

American Law and Economics Association Annual Meeting, May 2011

Paduano Symposium in Business Ethics at the Stern School of Business at New York University, March 2011

University of Pennsylvania Law School Tax Policy Seminar, March 2011

University of Toronto Faculty of Law Law and Economics Workshop, March 2011

UCLA School of Law Faculty Workshop, March 2011

Loyola Law School Los Angeles Faculty Workshop, March 2011

Wildfire: Law, Economics, and Policy Symposium at University of Arizona, November 2010 (discussion participant)

University of Southern California Conference on Property, Tort, and Private Law Theory, October 2010

Stanford Law School Law and Economics Seminar, October 2010

Harvard Law School Law and Economics Workshop, October 2010

Loyola Chicago Law School Speaker Series, October 2010

Florida State University College of Law Speaker Series, September 2010

University of Colorado School of Law Roundtable on Tax and Distributive Justice, July 2010

"Subprime and Skin in the Game," AALS Workshop on Property, Panel on Property in Dangerous Packages, June 2010

The Law and Economics of Race at University of Chicago Law School, May 2010 (commentator)

University of Illinois College of Law Law and Economics Workshop, April 2010

Wolf Family Lecture on the American Law of Real Property at University of Florida Levin College of Law, 2010

University of Florida Levin College of Law Faculty Workshop, March 2010

Tel Aviv University Law and Economics Workshop, December 2009

Gifford/Starn O'Toole Marcus & Fisher Lecture in Real Property at University of Hawai’i School of Law, November 2009

Columbia Law School Law and Economics Workshop, October 2009.

Silicon Flatirons Workshop on New Institutional Economics for Law Professors at University of Colorado, June 2009

American Law and Economics Association Annual Meeting, May 2009

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

Searle Law and Economics Colloquium at Northwestern University School of Law, March 2009

Temple University School of Law Faculty Workshop, March 2009

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

Indiana University Political Theory Workshop, March 2009

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

Tax Policy Colloquium at Columbia Law School, December 2008

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

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

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

Law and Society Annual Meeting in 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 at University of Chicago Law School, April 2008 (commentator)

Coase Lecture at University of Chicago Law School, February 2008

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

Memberships and Professional Affiliations

  • SSRN Legal Scholarship Network, State and Local Government eJournal 
    Advisory Board
  • American Law and Economics Association
    • Board of Directors, 2012-2015
    • Area Organizer for Property and Environmental Law (with Gary Libecap), 2009
    • Area Organizer for Property, 2005

Events

  • Co-organizer, Warren F. Schwartz Memorial Law and Economics Conference, November 2016 (with Steven C. Salop, Joshua C. Teitelbaum, and Abraham L. Wickelgren)
  • Co-organizer, Kreisman Initiative Conference, Evidence and Innovation in Housing Law and Policy, June 2016 (with Benjamin J. Keys)
  • Co-organizer, University of Chicago Law Review Symposium Conference: Reassessing the State and Local Government Toolkit (June 2009) (with Julie Roin and Richard Epstein)
  • Co-organizer, Illinois Program in Law and Economics: The Future of the Commons and the Anticommons (June 2006) (with Thomas S. Ulen)
  • Co-organizer, University of Illinois College of Law Faculty Retreat (2005) (with Charles Tabb)

Editorial Work

  • Referee, Journal of Legal Studies; Journal of Legal Analysis; Land Use and Environment Law Review 
  • Referee, Michigan University Press; Princeton University Press; Yale University Press