Southwestern Law School Los Angeles, CA

Faculty Profile

David Fagundes

David Fagundes

Professor of Law

A.B., summa cum laude, History, 1996, Harvard College; J.D., cum laude, 2001, Harvard Law School; Phi Beta Kappa; Member, California State Bar

Courses    Publications

Phone: (213) 738-6783
Office: BW323

Curriculum Vitae | SSRN

Dave Fagundes' interest in the law grew out of his study of legal history at Harvard College. As an undergraduate, he received the Philip Washburn Prize for best senior history thesis, the William Scott Ferguson Award for best sophomore history essay, and the Department of History Award for best overall record as a history concentrator. He remained at Harvard for law school, where he served as an articles editor of the Harvard Law Review.

"Examining different subject matter - real estate, chattels, or copyrights - forces us to ask foundational questions about what property is, both as a social institution and a legal idea."

After law school, Professor Fagundes clerked for Judge David S. Tatel of the U.S. Court of Appeals for the D.C. Circuit, and then worked as an associate at Jenner & Block LLP for two years in Washington, D.C. His time in Washington included a leave from practice to be a Visiting Researcher at Georgetown University Law Center. In 2005, Professor Fagundes joined the University of Chicago Law School as a Bigelow Fellow and Lecturer in Law, where he spent two years teaching the first-year legal research and writing course.

Professor Fagundes' research and teaching interests cover a variety of property law issues ranging from real property to copyright. His most recent work examines the moral psychology of property transgression; the emergence and operation of informal schemes for governing informal property such as roller derby names and places in waiting queues; and the effects of property acquisition and dispossession on owners' subjective well-being.

Professor Fagundes' publications appear regularly in leading law journals. His writing has been cited by the Supreme Court of the United States in Citizens United v. Federal Election Comm’n. His work has also been selected for presentation via peer-reviewed calls for papers at numerous national conferences, including the 2014 AALS Art Law Section Panel, the 2010 AALS Property Law Section Panel, and the 2009 Stanford-Yale Junior Faculty Forum. And two of Professor Fagundes’ articles have been showcased in JOTWELL (the Journal Of Things We Like Lots).

Originally from the Pomona Valley, Professor Fagundes has enjoyed returning to Southern California and living in Los Angeles – and working at Southwestern in particular - where the profession and legal education are "on the cutting edge of developments in both real and intellectual property law."


 Professor Fagundes is on leave for the 2015-16 academic year.


Books and Chapters

COPYRIGHT Q&A (with R. Lind; LexisNexis, 2010)

Subcultural Change and Dynamic Norms: Revisiting Roller Derby's Master Roster, in CREATIVITY WITHOUT LAW (NYU Press, forthcoming 2016)

Labor and/as Love: Roller Derby's Knowledge Commons in CONVENING CULTURAL COMMONS (Oxford University Press, 2014)

Explaining the Persistent Myth of Property Absolutism in THE PUBLIC NATURE OF PRIVATE PROPERTY (R. Malloy & M. Diamond, eds.; Ashgate Press, 2011)


The Moral Psychology of Copyright Infringement, 100 MINNESOTA LAW REVIEW (with C. Buccafusco; forthcoming 2016)

Efficient Copyright Infringement, 98 IOWA LAW REVIEW 1791 (2013)

Costly Intellectual Property, 64 VANDERBILT LAW REVIEW 677 (with J. Masur; 2012)

Talk Derby to Me: Emergent Property Norms Governing Roller Derby Pseudonyms, 90 TEXAS LAW REVIEW 1093 (2012)

Property Rhetoric and the Public Domain, 94 MINNESOTA LAW REVIEW 652 (2010)

Crystals in the Public Domain, 50 BOSTON COLLEGE LAW REVIEW 139 (2009)

State Actors as First Amendment Speakers, 100 NORTHWESTERN UNIVERSITY LAW REVIEW 1637 (2006), reprinted in THE FIRST AMENDMENT HANDBOOK (R. Smolla, ed.; Thomson/West, 2007-08)


Commentary, Property, Morality, and Moral Psychology: Comments on Gerhart's Property and Social Morality, 2 TEXAS A&M JOURNAL OF REAL PROPERTY LAW 301 (2015)

Commentary, Contextualizing Fan Action Committees: A Comment on Catalyzing Fans, 6 HARVARD SPORTS & ENTERTAINMENT LAW JOURNAL 169 (2015)

Essay, Market Harm, Market Help, and Fair Use, 17 STANFORD TECHNOLOGY LAW REVIEW 359 (2014)

Book Review, The Knockoff Economy: How Imitation Sparks Innovation (K. Raustiala and C. Sprigman; Oxford University Press, 2012), 3 IP LAW BOOK REVIEW 51 (April 2013)

Reply, The Varieties of Motivation and the Problem of Supply: A Reply to Professor Ellickson, 90 TEXAS LAW REVIEW SEE ALSO 311 (2012)