Wednesday, December 9, 2015

Most Cited Property Law Professors, 2011-2015

It’s been five years since anyone has bothered to put together a list of the “most-cited” property scholars (for the last attempt in 2010, see here). Since one of the goals of this site is to identify property people who are doing great work, the end of 2015 seems like a good time for an update.

The methodology behind this citation count is simple and follows previous studies of “scholarly impact.” To start, I pulled the names of all the property professors working at the top 50 schools (according to Brian Leiter’s 2012 faculty productivity ranking). I then combed through old AALS & ALPS programs looking for productive scholars outside the top schools. This resulted in a list of approximately 140 academics who have recently written about property issues.

For each name, I searched the Westlaw journals database for "citations" as follows: (robert /2 ellickson) & DA(aft 12-31-2010). I then rounded the numbers to the nearest ten. All searches were conducted in mid-December of 2015.         

As other have pointed out, this approach has obvious weaknesses. Foremost, a “citation” for the purpose of this ranking is simply an article that mentions the scholar—it does not capture how many times a scholar is cited within each piece or why a scholar is being cited. Additionally, this method doesn’t capture citations in books or in disciplines not included in Westlaw’s databases. Finally, this method of counting citations can generate false positives for anyone with a common name. To ensure that I wasn’t getting an avalanche of false positives, I conducted an additional search using everyone’s “writing name” ((“robert c. ellickson”) & DA(aft 12-31-2010)) and made adjustments when there were wide discrepancies between the two.

To stay on all fours with previous studies, the lists below reproduce the age of each faculty member as a rough proxy for time spent in the academy. Unsurprisingly, very senior faculty members dominate the ranking. To shed some light on the good works of a less experienced crew, I generated a separate list of most-cited faculty under 50.  

Some caveats:

(1) Although I tried to be careful, I’m sure I’ve left someone off of the list. Feel free to e-mail me if you see an obvious goof or omission. Apologies in advance.

(2) The ages listed here are only approximations. I calculated most of them based on the year of college graduation listed on the individual’s CV. If I’ve butchered your date of birth, I’ll buy you a drink at the property conference of your choice.

(3) It many cases it was terribly difficult to decide whether or not an individual counted as “a property person.” For example, should I have included Joe Sax, Jeremy Waldron, or Judge Posner on one of the lists? Probably? Maybe? The decisions ultimately reflect my own biases, but were made by looking at a scholar’s recent publications, most-cited publications, and whether or not they self-identify as a property person. The two toughest decisions were including Margaret Jane Radin on the “property roll” (her most cited works remain a triumvirate of great property articles) and pushing Tom Merrill into the “property + other stuff” pile (although he’s one of the greatest living property theorists, he’s actually more cited for his administrative law stuff).

Again, I'm sure I've made some embarrassing mistakes here.  I'm more than happy to receive your comments, concerns, or scathing criticisms.

Yasher koach to all of the faculty listed below!

Most Cited Property Scholars, 2011-2015

Rank

Name

Institution

Citations

Age in 2015

1

Henry Smith

Harvard

720

50

2

Margaret Jane Radin

Michigan

710

74

3

Robert Ellickson

Yale

700

74

4

Carol Rose

Arizona

680

75

5

Gideon Parchomovsky

Penn

620

47

6

Joseph Singer

Harvard

590

61

7

Michael Heller

Columbia

510

53

8

Lior Strahilevitz

Chicago

440

42

9

Vicki Been

NYU

430

59

10

Stewart Sterk

Cardozo

400

65

11

Lee Fennell

Chicago

380

49

12

Stuart Banner

UCLA

370

53

13

Gregory Alexander

Cornell

360

68

14

Eduardo Peñalver

Cornell

310

44

15

Nestor Davidson

Fordham

280

48

 

Highly cited scholars who work partly in property, 2011-2015

Rank

Name

Institution

Citations

Age in 2015

1

Richard Epstein

NYU

2490

72

2

Thomas Merrill

Columbia

1550

66

3

Ilya Somin

George Mason

630

42

4

Frank Michelman

Harvard

590

79

5

Dan Tarlock

Chicago-Kent

430

76

6

Hanoch Dagan

Tel Aviv

360

52

7

Barton Thompson

Stanford

360

66

8

Roderick Hills

NYU

350

51

9

Andrew Morriss

Texas A&M

350

57

10

David Dana

Northwestern

330

50

 

Most Cited Property Scholars Under 50, 2011-2015

Rank

Name

Institution

Citations

Age in 2015

1

Gideon Parchomovsky

Penn

620

47

2

Lior Strahilevitz

Chicago

440

42

3

Lee Fennell

Chicago

380

49

4

Eduardo Penalver

Cornell

310

44

5

Nestor Davidson

Fordham

280

48

6

Abraham Bell

San Diego

240

49

7

Jedediah Purdy   

Duke

210

41

8

Al Brophy

North Carolina

200

49

8

Eric Claeys

George Mason

200

49

10

Nicole Garnett

Notre Dame

190

46

11

Rose Villazor

U.C. Davis

180

42

12

Christopher Serkin

Vanderbilt

170

45

13

Stephanie Stern

Chicago-Kent

150

42

14

Bethany Berger

UConn

140

47

15

Benjamin Barros

Toledo

120

47

15

Kristen Carpenter

Colorado

120

44

15

Sara Bronin

UConn

120

37

 

The All-time Most Cited Articles of the Most Cited Scholars

Rank

Name

Most Cited Property Articles

1

Henry Smith

Optimal Standardization in the Law of Property, What Happened to Property in Law and Economics, The Property/Contract Interface, Property and Property Rules

2

Margaret Jane Radin

Market-Inalienability, Property and Personhood, The liberal Conception of Property, The Myth of Private Ordering

3

Robert Ellickson

Property in Land, Suburban Growth Controls, Cities and Homeowners Associations, Of Coase and Cattle, Law and Economics Discovers Social Norms, Controlling Chronic Misconduct in City Spaces

4

Carol Rose

Crystals and Mud in Property Law, The Comedy of the Commons, Mahon Reconstructed, Possession as the Origin of Property, The Several Future of Property, Piecemeal Land Controls as a Problem of Local Legitimacy, Management Strategies for Common Resources

5

Gideon Parchomovsky

Givings, A Theory of Property, Pliability Rules

6

Joseph Singer

The Reliance Interest in Property, No Right to Exclude, Sovereignty and Property

7

Michael Heller

The Tragedy of the Anticommons, The Boundaries of Private Property

8

Lior Strahilevitz

The Right to Destroy, How Changes in Property Regimes Influence Social Norms, Information Asymmetries and the Rights to Exclude

9

Vicki Been

“Exit” as a Constraint on Land Use Exactions, Environmental Justice and the Siting of Locally Undesirable Land Uses, Locally Undesirable Land Uses In Minority Neighborhoods

10

Stewart Sterk

Neighbors in American Land Law, The Enduring Value of Servitude Restrictions

11

Lee Fennell

Taking Eminent Domain Apart, Common Interest Tragedies

12

Stuart Banner

Law and Space in Nineteenth-Century New Zealand

13

Gregory Alexander

The Social-Obligation Norm in American Property Law, Residential Associations and Community, Freedom, Coercion and the Law of Servitudes

14

Eduardo Peñalver

Land Virtues, Property Outlaws, Property as Entrance

15

Nestor Davidson

Standardization and Pluralism in Property Law, The Problem of Equality in Takings

 

http://lawprofessors.typepad.com/property/2015/12/most-cited-property-law-professors-2011-2015.html

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Comments

No under 40s?

Posted by: Thomas Gibbons | Dec 10, 2015 10:18:32 PM

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