Lee Anne Fennell
Property and Half-Torts
116 Yale L.J. 1400 (2007) The idea that a tort can be split analytically into two parts—risk and harm—underlies a great deal of torts scholarship. Yet the notion has been all but ignored by property scholars employing Calabresi and Melamed’s famous entitlement framework. Thus, in discussing an “entitlement to pollute,” scholars rarely distinguish inputs to pollution (a factory’s emission of...
Homes Rule
112 Yale L.J. 617 (2002) In this important new book on local governance, economist William Fischel presents and defends a deceptively simple and intuitively resonant proposition: "that homeowners, who are the most numerous and politically influential group within most localities, are guided by their concern for the value of their homes to make political decisions that are more efficient than...