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Lior Jacob Strahilevitz

Academic Faculty

Full Time Teaching Faculty

Lior Jacob Strahilevitz

Sidley Austin Professor of Law

Biography

Lior Strahilevitz received his BA in political science from the University of California at Berkeley in 1996, graduating with highest honors. He received his JD in 1999 from Yale Law School, where he served as Executive Editor of the Yale Law Journal. Following his graduation, he clerked for Judge Cynthia Holcomb Hall on the US Court of Appeals for the Ninth Circuit. He then practiced law in Seattle before joining the law school faculty in 2002. He was tenured in 2007 and served as the Law School's Deputy Dean from 2010 to 2012. In 2011, he was named the inaugural Sidley Austin Professor of Law. He was elected to the American Law Institute in 2015. He is a two-time winner of the Law School graduating students’ award for teaching excellence.

Professor Strahilevitz's teaching and research interests include property and land use, privacy, law and technology, and consumer contracts.

Education and Experience

Education

Yale Law School

JD, 1999

  • John M. Olin Prize for Best Paper on Law, Economics & Public Policy
  • Executive editor of The Yale Law Journal
  • Director, Advocacy for Parents & Children Legal Clinic
  • Research Assistant to Professor Drew Days III

University of California, Berkeley

BA with highest honors, Political Science major, Public Policy minor, 1996

  • Chancellor’s Commendation for Academic Distinction
  • Phi Beta Kappa
  • Alumni Leadership Scholarship
  • President, University Students’ Cooperative Association
  • Articles editor, Roundtable: The Journal of Public Policy

Experience

The University of Chicago Law School

Sidley Austin Professor of Law, 2011-present
Deputy Dean, 2009-2012
Professor of Law, 2007-2011
Walter Mander Teaching Scholar, 2007-2010
Assistant Professor of Law, 2002-2007

Yale Law School

Visiting Professor of Law, 2008

Tel Aviv University Law School

Visiting Professor of Law, 2007

Preston Gates & Ellis, LLP

Litigation Associate, Seattle, WA, 2000-2002

US Court of Appeals for the Ninth Circuit

Law Clerk to the Honorable Cynthia Holcomb Hall, Pasadena, CA, 1999-2000

Publications

Books (Author)

  • Dukeminier and Krier's Property : Concise Edition (4th ed.) (Aspen Publishing, 2024) (with Gregory Alexander & David Schleicher).
  • Property (10th ed.) (Wolters Kluwer, 2022) (with Jesse Dukeminier & James Krier & Gregory Alexander & Michael H. Schill ).
  • Property: Concise Edition (Aspen, 2020) (with Jesse Dukeminier, James Krier, Gregory Alexander & Michael H. Schill).
  • Property (9th ed.) (Wolters Kluwer, 2017) (with Jesse Dukeminier & James Krier & Gregory Alexander & Michael H. Schill ).cu
  • Property (Concise 2nd ed.) (Wolters Kluwer, 2017) (with Jesse Dukeminier & James Krier & Gregory Alexander & Michael H. Schill ).cu
  • Property (8th ed.) (Wolters Kluwer Law & Business, 2014) (with Jesse Dukeminier & James Krier & Gregory Alexander & Michael H. Schill ).cu
  • Property (Concise ed.) (Wolters Kluwer Law & Business, 2014) (with Jesse Dukeminier & James Krier & Gregory Alexander & Michael H. Schill ).cu
  • Information and Exclusion (Yale University Press, 2011).cu www
  • Shades of Gray: Intergenerational Equity in the Era of Entitlement Reform (Institute of Governmental Studies Press, 1997).cu

Journal Articles

  • "Toward Principled Background Principles in Takings Law," 10 Texas A&M Law Review 427 (2023) (with Becca Hansen). ssrn www
  • "Property Law for the Ages," 63 William and Mary Law Review 561 (2021) (with Michael Pollack). www
  • "Hyde Park’s Two Turns in the Takings Clause Spotlight," 50 Journal of Legal Studies S71 (2021). www
  • "Shining a Light on Dark Patterns," 13 Journal of Legal Analysis 43 (2021) (with Jamie Luguri). ssrn www
  • "Data Security's Unjust Enrichment Theory," 87 University of Chicago Law Review 2477 (2020). www
  • "Co-Location Covenants," 2020 University of Chicago Law Review Online 87 (2020). www
  • "Personalizing Default Rules and Disclosure with Big Data Personalized Law: Article and Comments," 42 Tel Aviv University Law Review 343 (2020) (with Ariel Porat).
  • "Assessing the Empirical Upside of Personalized Criminal Procedure," 86 University of Chicago Law Review 489 (2019) (with Matthew B. Kugler). ssrn www
  • "Consumertarian Default Rules," 82 Law and Contemporary Problems 139 (2019) (with Jamie Luguri). www
  • "Interpreting Contracts via Surveys and Experiments," 92 New York University Law Review 1753 (2017) (with Omri Ben-Shahar). ssrn cu
  • "The Myth of Fourth Amendment Circularity," 84 University of Chicago Law Review 1747 (2017) (with Matthew B. Kugler). ssrn cu
  • "Contracting over Privacy: Introduction," 45 Journal of Legal Studies S1 (2016) (with Omri Ben-Shahar). ssrn cu
  • "Is Privacy Policy Language Irrelevant to Consumers?," 45 Journal of Legal Studies S69 (2016) (with Matthew B. Kugler). ssrn cu
  • "Actual Expectations of Privacy, Fourth Amendment Doctrine, and the Mosaic Theory," 2015 Supreme Court Review 205 (2016) (with Matthew B. Kugler). ssrn cu www
  • "Don't Ask, Must Tell—and Other Combinations," 103 California Law Review 919 (2015) (with Adam Samaha). ssrn cu www
  • "Personalizing Default Rules and Disclosure with Big Data," 112 Michigan Law Review 1417 (2014) (with Ariel Porat). ssrn cu
  • "Toward a Positive Theory of Privacy Law," 126 Harvard Law Review 2010 (2013). ssrn cu
  • "Signaling Exhaustion and Perfect Exclusion," 10 Journal of Telecommunications and High Technology Law 231 (2012). cu
  • "Absolute Preferences and Relative Preferences in Property Law," 160 University of Pennsylvania Law Review 2157 (2012). ssrn cu
  • "Pseudonymous Litigation," 77 University of Chicago Law Review 1239 (2010). ssrn cu
  • "The Right to Abandon," 158 University of Pennsylvania Law Review 355 (2010). ssrn cu
  • "Privacy versus Antidiscrimination," 75 University of Chicago Law Review 363 (2008). ssrn cu
  • "Wealth without Markets? (reviewing Yochai Benkler, The Wealth of Networks: How Social Production Transforms Markets and Freedom (2006))," 116 Yale Law Journal 1472 (2007). ssrn cu
  • "''Don't Try this at Home': Posner as Political Economist," 74 University of Chicago Law Review 1873 (2007). ssrn cu
  • "'How's My Driving?' for Everyone (and Everything?)," 81 New York University Law Review 1699 (2006). ssrn cu
  • "The Right to Destroy," 114 Yale Law Journal 781 (2005). ssrn cu www
  • "A Social Networks Theory of Privacy," 72 University of Chicago Law Review 919 (2005). ssrn cu
  • "Consent, Aesthetics, and the Boundaries of Sexual Privacy after Lawrence v. Texas," 54 DePaul Law Review 671 (2005). cu
  • "Exclusionary Amenities in Residential Communities," 92 Virginia Law Review 437 (2003). ssrn cu
  • "Social Norms from Close-Knit Groups to Loose-Knit Groups," 70 University of Chicago Law Review 359 (2003). cu
  • "Charismatic Code, Social Norms, and the Emergence of Cooperation on the File-Sharing Networks," 89 Virginia Law Review 505 (2003). ssrn cu www
  • "The Uneasy Case for Devolution of the Individual Income Tax," 85 Iowa Law Review 907 (2000). ssrn cu
  • "How Changes in Property Regimes Influence Social Norms: Commodifying California's Carpool Lanes," 75 Indiana Law Journal 1231 (2000). cu www
  • "Controlling the Costs of Alternative Medicine," 28 Southwestern Law Review 543 (1999). cu
  • Note, "When the Taking Itself Is Just Compensation", 107 Yale Law Journal 1975 (1998). cu
  • "The Balanced Budget Amendment and Social Security: An Alternative Means of Judicial Enforcement," 22 Seton Hall Legislative Journal 513 (1998). cu

Book Sections

  • "Personalizing Default Rules and Disclosure with Big Data," in Algorithmic Regulation and Personalized Law: A Handbook, Christoph Busch & Alberto De Franceschi eds. (C.H.Beck/Nomos/Hart Publishing, 2021) (with Ariel Porat).
  • "L’interprétation des contrats grâce aux sondages et aux expérimentations," in Le Big Data Et Le Droit, Florence G'sell ed. (Dalloz, 2020) (with Omri Ben-Shahar).
  • "Historic Preservation and Its Even Less Authentic Alternative," in Evidence and Innovation on Housing Law and Policy, Lee Fennell & Benjamin J. Keys eds. (Cambridge University Press, 2017). ssrn cu
  • "Unilateral Relinquishment of Property," in Research Handbook on the Economics of Property Law, Kenneth M. Ayotte & Henry E. Smith eds. (Edward Elgar, 2011). cu
  • "Less Regulation, More Reputation," in The Reputation Society: How Online Opinions Are Reshaping the Offline World, Hassan Masum & Mark Tovey eds. (MIT Press, 2011). cu
  • "Collective Privacy," in The Offensive Internet: Speech, Privacy, and Reputation, Martha C. Nussbaum & Saul Levmore eds. (Harvard University Press, 2010). cu

Working Papers

  • "Dark Patterns in the Opt-Out Process and Compliance with the California Consumer Privacy Act (CCPA)," (2024) (with Van Tran & Aarushi Mehrotra & Ranya Sharma & Marshini Chetty & Nick Feamster & Jens Frankenreiter ). www
  • "Cash Substitution and Deferred Consumption as Data Breach Harms," (2022) (with Lisa Yao Liu). ssrn

Other Publications

  • "Taking Data out of Context to Hyper-Personalize Ads: Crowdworkers’ Privacy Perceptions and Decisions to Disclose Private Information," in Proceedings of the 2020 CHI Conference on Human Factors in Computing Systems (Association for Computing Machinery, 2020) (with Julia Hanson, Miranda Wei, Sophie Veys, Matthew B. Kugler & Blase Ur). www
  • George J. Stigler Center Committee for the Study of Digital Platforms, Privacy and Data Protection Subcommittee Final Report, (2019) (with Lorrie F. Cranor, Florencia Marotta-Wurgler, Jonathan Mayer, Paul Ohm, Katherine Strandburg, Blase Ur, Sebastian Benthall, Filippo Lancieri & Jamie Luguri). www
  • "Why the Law Favors the Obama Presidential Center," Chicago Tribune, October 17, 2018. www
  • "The Path to Carpenter v. United States and Possible Paths Forward," Concurring Opinions, June 25, 2018 (with Matthew Tokson). www
  • "Ten Thoughts on Today's Blockbuster Fourth Amendment Decision – Carpenter v. United States," Concurring Opinions, June 22, 2018. www
  • "How to Interpret a Contract? Ask Those Who’d Sign It," Law360, March 21, 2018 (with Omri Ben-Shahar & Duo Jiang, Kristina Shampanier & Rebecca K. Fair). www
  • "Quick Reactions to Today’s Carpenter Oral Argument – Post 2," Concurring Opinions, November 30, 2017 (with Matthew Tokson). www
  • "Quick Reactions to Today’s Carpenter Oral Argument – Post 1," Concurring Opinions, November 29, 2017 (with Matthew Tokson). www
  • "The Fourth Amendment Does Not Require “Demonstrative Action” to Protect Privacy," Concurring Opinions, November 28, 2017 (with Matthew Tokson). www
  • "Should Fourth Amendment Law Pay Attention to What People Expect? If So, How?," Concurring Opinions, November 27, 2017 (with Matthew Tokson). www
  • "Carpenter v. United States and the Role of Originalism," Concurring Opinions, November 27, 2017 (with Matthew Tokson). www
  • "David Dao Versus United: What Does The Airline Contract Say?," Forbes, April 4, 2017 (with Omri Ben-Shahar). www
  • "How Many Years of Famine to Follow Seven Years of Feasting for VAPs?," PrawfsBlawg, April 22, 2013. www
  • "The iPhone, not the eye, is the window into the soul," PrawfsBlawg, March 5, 2013. www
  • "Can the Police Keep up with Jones?," Chicago Tribune, January 27, 2012. www

Presentations
  • Toward Principled Background Principles in Takings Law, Texas A & M University (September 2022), University of Washington (April 2023), University of Chicago (May 2023).
  • Cash Substitution and Deferred Consumption as Data Breach Harms, University of Chicago Symposium on Contextual Integrity (September 2021), McGill University (February 2022), University of Chicago (February 2022), American Law & Economics Association Annual Meeting (August 2022), Midwestern Law & Economics Association Annual Meeting (October 2022).
  • Property Law for the Ages, University of Chicago (April 2021), University of San Diego (April 2021).
  • Consumertarian Default Rules, Tel Aviv University Law & Technology Workshop (December 2019).
  • Shining a Light on Dark Patterns, University of Chicago Law School (July 2019), St John’s Law School (September 2019), Tel Aviv University Law & Psychology Workshop and Law & Economics workshop (December 2019), University of Colorado Law School (March 2020), Privacy Law Scholars Conference (June 2020), Coase-Sandor Global Lecture Series (September 2020), Future of Privacy Forum (February 2021), Luiss University (March 2021) Federal Trade Commission (April 2021), National Association of Insurance Commissioners (June 2021), Behavioural Insights Team (December 2021), California Privacy Protection Agency (March 2022), United Kingdom Competition and Markets Authority (May 2022), United Kingdom Financial Conduct Authority (February 2023), Fundación Ramón Areces (Spain) (March 2023), University of Chicago Alumni Reunion Loop Luncheon (May 2023).
  • Co-Location Covenants, University of Chicago Law School Symposium on Slices and Lumps (November 2019).
  • Competition and Consumer Protection in the Twenty-First Century, Testimony Before the Federal Trade Commission (Nov. 2018).
  • Purpose Limitations in Privacy Law, ABA House of Delegates (August 2018)
  • Assessing the Empirical Upside of Personalized Criminal Procedure, UCLA Law School (February 2018), Privacy Law Scholars Conference (May 2018), University of Chicago Law Review Symposium (May 2018).
  • Hyde Park’s Two Turns in the Takings Clause Spotlight, Journal of Legal Studies Symposium (May 2018).
  • Interpreting Contracts via Surveys and Experiments, Keio University Law School (September 2016), Sidley Austin LLP 100th Anniversary Event (November 2016), University of Chicago Law School (December 2016), American Law and Economics Association Annual Meeting (June 2017).
  • Exclusionary Amenities and Exclusionary Vibes, Harvard Graduate School of Design (April 2016).
  • Is Privacy Policy Language Irrelevant to Consumers?, Conference on Contracting over Privacy, University of Chicago (October 2015).
  • Duration Doesn’t Matter: Testing the Mosaic Theory of the Fourth Amendment, Tulane Law School (February 2015), University of Chicago Law School (April 2015), Emory Law School (September 2015).
  • Don’t Ask, Must Tell and Other Combinations, University of Chicago Law School (September 2014), Privacy Law Scholars Conference, George Washington University Law School (June 2014).
  • The Maestro Lectures, Academia Sinica & National Taiwan University, Taipei, Taiwan. (April 2014).
  • Social Networks, Social Norms, and Behavioral Analysis, 2013 Coase-Sandor Institute Summer School in Law and Economics: New Tools in Law and Economics (July 2013) (ten hour intensive course for foreign scholars interested in law and economics).
  • Personalizing Default Rules and Disclosure with Big Data, (American Law & Economics Association Annual Meeting) (May 2014), University of Maryland Law School (September 2013), Privacy Law Scholars Conference (June 2013), Northwestern Business School (May 2013), University of Chicago Law School (February 2013).
  • Toward a Positive Theory of Privacy Law, Harvard University Law School (November 2012).
  • Is Crowdsourcing Overrated? A Traffic Safety Field Experiment, University of Virginia Law School (October 2012), University of Chicago Law School (September 2012).
  • The Economics of Privacy, University of Colorado Law School Silicon Flatirons Conference (December 2011).
  • Absolute Preferences and Relative Preferences in Property Law, University of Pennsylvania Law School (November 2011), University of Texas Law School (April 2012).
  • Judicial Takings or Due Process?, University of Pennsylvania Law School (February 2011), University of Minnesota Law School (March 2011), Case Western Law School (March 2011), Loyola-Chicago Law School (April 2011), University of Chicago Law School (April 2011).
  • Reunifying Privacy Law, Cornell Law School (September 2010), Privacy Law Scholars Conference at George Washington University (June 2010), University of Chicago Law School (April 2010), University of California, Berkeley Conference on Prosser at Fifty (January 2010).
  • Comparative Regulatory Approaches to Protecting Consumer Privacy, Second Annual Public Policy Conference for State Attorneys General, Northwestern University (May 2010).
  • Addressing Sensitive Information, Federal Trade Commission Privacy Roundtable (March 2010).
  • Collective Privacy, N.Y.U. Law School Conference on Federal Privacy Legislation (October 2009).
  • The Right to Abandon, University of Chicago Law School (October 2008), University of California-Davis Law School (March 2009), Washington University Law School (April 2009), Property Works in Progress Conference – University of Colorado Law School (June 2009).
  • Reciprocal Privacy, Privacy, Speech, and the Internet Conference at University of Chicago (November 2008).
  • Reputation Nation: Law in an Era of Ubiquitous Personal Information, Northwestern University (April 2007), University of Chicago Law School (May 2007), Columbia Law School (October 2007), UCLA Law School (Nov. 2007), American Law and Economics Association Annual Meeting (May 2008), Yale Law School (September 2008).
  • Information, Technology, and Privacy: What’s Next?, American Association of Law Schools Annual Meeting (January 2007).
  • Symmetrical Privacy, Microsoft Corporation (April 2006), Boalt Hall, University of California Law School (November 2006).
  • Social Network Theory and Speech Regulation, University of Illinois Conference on Law and Networks (March 2006).
  • “How’s My Driving?” for Everyone (and Everything?), University of Chicago Law School (March 2006).
  • The Coase Lecture, Information Asymmetries and the Rights to Exclude, University of Chicago Law School (January 2006).
  • Information Asymmetries and the Rights to Exclude, Notre Dame Law School (Oct. 2005), and Midwestern Law and Economics Association Annual Meeting (October 2005).
  • Exclusionary Amenities in Residential Communities, University of Virginia Law and Economics Workshop (April 2005), University of San Diego Law School (Sep. 2005), George Washington University (Oct. 2005), NYU Law School Colloquium on the Law, Economics, and Politics of Urban Affairs (February 2006).
  • A Social Networks Theory of Privacy, University of Michigan Cyberlaw and Economics Workshop (February 2005), University of Toronto Law and Economics Workshop (February 2005), Fordham Law School Intellectual Property & Privacy Symposium (April 2005), American Law and Economics Association Annual Meeting (May 2005), Law & Society Association Annual Meeting (May 2004).
  • A Network Theory of the Privacy Torts, The Right to Destroy, The Future of Peer-to-Peer File Swapping: Explaining Anomalies in Peer-to-Peer, Seton Hall Law School (April 2004).
  • Privacy and Consent in Lawrence v. Texas, DePaul Law School (March 2004).
  • The Right to Destroy, American Law and Economics Association Annual Meeting (May 2004), University of Chicago Law School, The Emeritus Luncheon (June 2003).

Additional Activities

Memberships and Professional Affiliations

  • Advisory Board, Future of Privacy Forum (2017-present)
  • American Law Institute, Member (2015-present)
  • Chair of Privacy and Data Protection Subcommittee, Stigler Center Committee on Digital Platforms (2018-2019)
  • Adviser, American Law Institute Data Privacy Principles Project (2013-2019)
  • Adviser, American Law Institute, Restatement (Third) Information Privacy Principles (2013-present)
  • Bar admission, Washington (2000)

Awards and Honors

  • NSF Grant 2040675 – AI-Enabled, Privacy-Preserving Information Sharing for Securing Network Infrastructure (Co-Principal Investigator with Giulia Fanti, Nick Feamster, Mike Reiter & Vyas Sekar)
  • University of Chicago Law School Graduating Students' Award for Teaching Excellence, 2010 and 2016
  • University of Chicago Law School Graduating Students' Class of 2005 Award for contributions to improving the quality of student life
  • Faculty hooder, selected by University of Chicago Law School graduating students (2005, 2006, 2007, 2009, 2010, 2016, and 2022)

Service

  • Co-Director, Edward Levi Distinguished Visiting Jurists Program (2012-present)
  • Faculty Director, David M. Rubenstein Scholarship Program, University of Chicago Law School (2011-present)
  • Faculty Chair, University of Chicago Admissions Committee (2011-present)
  • Co-Chair, University of Chicago Law School Faculty Judicial Clerkships Committee (2012-2022)
  • Co-Chair, University of Chicago Law School Dean Reappointment Review Committee (2020)
  • Member, University of Chicago Law School Dean Search Committee (2015)
  • University of Chicago Faculty Senate (2007-2010)
  • Chair, University of Chicago Law School Faculty Appointments Committee (2007-2009)

Amicus Briefs

  • Brief of Property Law Professors as Amici Curiae in Support of Appellees in Protect Our Parks v. Chicago Park District (U.S. Court of Appeals, 7th Circuit) (with Sarah Losh Bakker).
  • Brief of Property Law Professors as Amici Curiae in Support of Defendants in Protect Our Parks v. Chicago Park District (N.D. Ill.) (with Julia Schwartz & Thomas Merrill).
  • Brief of Amici Curiae Empirical Fourth Amendment Scholars in Support of Petitioner in Carpenter v. United Status (with Sarah Schrup, Matthew Kugler, Christine Scott-Hayward, and Matthew Tokson).