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

David Fagundes' interest in the law grew out of his study of medieval 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, copyrights, or patents - 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, including copyright, real property and trademark. "The notion of property is ancient, but it has undergone profound changes in recent years," he said. "Examining different subject matter - real estate, chattels, copyrights, or patents - forces us to ask foundational questions about what property is, both as a social institution and a legal idea." His most recent work studies the extralegal regulation of roller derby pseudonyms as an object lesson in how and why some close-knit groups use norms rather than formal law to govern the intangible goods they generate.

Professor Fagundes' work has been selected for presentation at numerous national and international conferences, including the Stanford-Yale Junior Faculty Forum (2009), the plenary session of the Intellectual Property Scholars Conference (2009), the Junior Scholars in Intellectual Property Workshop at Michigan State University College of Law (2010 and 2011), and the Workshop for Junior Researchers on the Law & Economics of Intellectual Property and Competition Law, organized by the International Max Planck Research School for Competition and Innovation and the Professorship for Intellectual Property at ETH Zurich (2010); he was also a Visiting Scholar at ETH Zurich in Summer 2010.

Professor Fagundes was appointed to the Southwestern faculty in Fall 2007. Originally from the Pomona Valley, he has enjoyed returning to Southern California and being in Los Angeles - and at Southwestern in particular - where the profession and legal education are "on the cutting edge of developments in intellectual property and entertainment law."


Books and Chapters

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

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)


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)


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)