Jeffrey Evans Stake

Jeffrey Evans Stake

Robert A. Lucas Chair of Law

  • B.A., University of Illinois 1975
  • J.D., Georgetown University 1981
  • Recipient, Indiana University Trustees' Teaching Award, 2012
  • Editor, Georgetown Law Journal at Georgetown University Law Center
  • Clerk, Hon. Oscar H. Davis, U.S. Court of Claims (now the Federal Circuit), 1981-1982
  • Associate, Covington & Burling, Washington, D.C., 1982-85

Professor Jeffrey Stake is the past president and founding vice president of SEAL, the Society for Evolutionary Analysis in Law (sealsite.org), a co-founder of the Midwest Law and Economics Association (MLEA), and a member of the Indiana University Cognitive Science Program and the Advisory Council for the Workshop in Political Theory and Policy Analysis.

Stake's interdisciplinary research focuses primarily on property law, but has been extended to topics ranging from the First Amendment and divorce law to law school grading and rankings. One recent article applies evolutionary analysis in search of the roots of property law, arguing that some rules of property reflect basic human instincts. It was published in Philosophical Transactions of the Royal Society, the oldest continuously publishing scientific journal in the world. Another article, with Owen Jones and Erin O'Connor, compares the use of biology and economics in analysis of the law.

Stake teaches property, wills and trusts, and land-use controls. His engaging and popular style has led to visiting appointments at Illinois, Colorado, Georgetown, Paris II (Panthéon-Assas), the Max Planck Institute, and Peking University School of Transnational Law. At Indiana Law, he has received the Leon Wallace Teaching Award and the Trustees Teaching Award.

In 2012, Indiana Law students selected Stake to deliver the traditional "last lecture" at the end of the term. Click here to watch the lecture.

Selected Works
  • Economics, Behavioral Biology, and Law (with Owen D. Jones and Erin A. O'Hara), 19 SUPREME COURT ECONOMIC REVIEW (forthcoming 2011).
  • Just (and Efficient?) Compensation for Governmental Expropriations, in LAW, MIND, AND BRAIN (Michael Freeman and Oliver R Goodenough, Eds.) Farnham, England: Ashgate, 2009.
  • Upper West Side Story: The Symphony Space, Inc. v. Pergola Properties, Inc. 669 NE.2d 799 (1996), in PROPERTY STORIES 2nd Ed. (Gerald Korngold and Andrew Morriss, Eds.) New York: Foundation Press, 2009.
  • Income and Career Satisfaction in the Legal Profession: Survey Data from Indiana Law Graduates (with Kenneth G. Dau-Schmidt and Kaushik Mukhopadhaya), 4 JOURNAL OF EMPIRICAL LEGAL STUDIES 939 (2008).
  • Evolution of Rules in a Common Law System: Differential Litigation of the Fee Tail and Other Perpetuities, 32 FLORIDA STATE LAW REVIEW 401 (2005).
  • Can Evolutionary Science Contribute to Discussions of Law?, 41 JURIMETRICS, JOURNAL OF LAW, SCIENCE AND TECHNOLOGY 379 (2001).
  • The Uneasy Case for Adverse Possession, 89 GEORGETOWN LAW JOURNAL 2419 (2001).
  • Are We Buyers or Hosts? A Memetic Approach to the First Amendment, 52 ALABAMA LAW REVIEW 1213 (2001).
  • Lifting the Veil of Ignorance: Personalizing the Marriage Contract(with Eric Rasmusen), 73 INDIANA LAW JOURNAL 453 (1998).
  • Loss Aversion and Involuntary Transfers of Title, in LAW AND ECONOMICS: NEW AND CRITICAL PERSPECTIVES, Vol. 4 of CRITIC OF INSTITUTIONS (Robin Paul Malloy and Christopher K. Braun, Eds.). New York: P. Lang, 1995.
  • Mandatory Planning for Divorce, 45 VANDERBILT LAW REVIEW 397 (1992).
  • Darwin, Donations, and the Illusion of Dead Hand Control, 64 TULANE LAW REVIEW 705 (1990).
  • Toward an Economic Understanding of Touch and Concern, 1988 DUKE LAW JOURNAL 925 (1988).