Saturday, July 23, 2011

Feinstein & Allen on CBAs with Transit Agencies and Gentrification

Brian D. Feinstein and Ashley Allen have posted Community Benefits Agreements with Transit Agencies: Neighborhood Change Along Boston’s Rail Lines and a Legal Strategy for Addressing Gentrification, forthcoming in the Transporation Law Journal.  The abstract:

Residents of Greater Boston located along the proposed Green Line rail extension have expressed concerns about potential gentrification and the resulting displacement of low-income residents. To assess these concerns, we examine the effects of the earlier Red Line extension on neighborhood demographics and housing costs. Based on our conclusion that gentrification occurred following the extension of the Red Line, we propose a Community Benefits Agreement (CBA) as a tool for mitigating these effects following expansion of the Green Line. We provide a short summary of CBAs in general and then outline the bargaining structure and major provision for our proposed CBA.

Matt Festa

July 23, 2011 in Development, Local Government, Scholarship, Transportation | Permalink | Comments (0) | TrackBack (0)

Friday, July 22, 2011

National Building Museum: Public Memory of 9/11

The National Building Museum is hosting what looks like a particularly interesting program called The Public Memory of 9/11.  It will explore two of my favorite subjects: public land use; and collective memory of the past. 

The upcoming tenth anniversary of the 9/11 attacks offers an opportunity to consider how the sites in New York, Pennsylvania and Washington are memorializing and interpreting this event. Leading representatives—Alice Greenwald, Director, National September 11 Memorial & Museum; Jeff Reinbold, Site Manager, Flight 93 National Memorial and; Jim Laychak, President, Pentagon Memorial Fund— present the designs of the memorials and discuss the challenges in commemorating recent history. Brent Glass, director of the National Museum of American History, moderates the program.  1.5 LU HSW (AIA)

FREE. Pre-Registration required. Walk in registration based on availability.

Date: Tuesday, July 26, 2011
Time: 6:30 PM - 8:00 PM.  If you'd like to attend this event you can RSVP online.

Matt Festa

July 22, 2011 in Aesthetic Regulation, Architecture, Conferences, Federal Government, History | Permalink | Comments (0) | TrackBack (0)

Thursday, July 21, 2011

Environmental Law Junior Scholar Listserv

Jessica Owley--one of our outstanding guest bloggers this year and, yes, she is a land use prof--sends word about a new listserv designed especially for junior scholars in environmental law, land use, and natural resources:

NEW LISTSERV FORMED

Environmental Law Junior Scholar Listserv

There is a new listserv available for pre-tenured faculty in environmental law, natural resources, and land use. This listserv will not duplicate the benefits of other valuable listservs available as it is intended to serve as a safe forum for open and candid dialogue junior scholars.

Beyond a traditional listserv, we will use this list to facilitate paper exchanges among our ranks. Those who choose to participate in the paper exchanges will gain the benefit of two colleagues reading and commenting on their work. Signing onto the listserv does not commit you to the paper exchange program. [If senior scholars are interested in volunteering to comment on a paper or two over the course of the year, please let us know by e-mailing jol at buffalo dot edu.]

To join the listserv, please send the following information to jol at buffalo dot edu
(1) Name
(2) Current Institution
(3) Years Teaching

Looks like a great resource for junior scholars--go ahead and sign up!

Matt Festa

July 21, 2011 in Environmental Law, Scholarship, Teaching | Permalink | Comments (0) | TrackBack (0)

ALPS 2012 Call for Papers

From Robin Paul Malloy comes the CFP for next year's annual meeting of the Association for Law, Property, and Society (ALPS).  The first two ALPS conferences were absolutely terrific, both for the scholarship and for the ability to meet so many other scholars in the field. For my money (or at least for my travel budget), ALPS is the single best conference to go to for property, land use, and real estate legal scholarship.  Here's the CFP:

ALPS 3rd Annual Meeting
March  2-3, 2012, to be held at Georgetown Law School in Washington, D.C. Co-sponsored by Syracuse University College of Law and Georgetown Law Center

WWW.ALPS.SYR.EDU
Registration Opens September 1, 2011 and Closes January 20, 2012.  Early Bird Registration fee is $145 for registration prior to November 15.  After November 15 registration is $175.  Registration will be available on our web pages by September 1, 2011

JOIN OUR MAILING LIST at: www.alps.syr.edu/join

CALL FOR PAPERS: ASSOCIATION FOR LAW, PROPERTY, AND SOCIETY (ALPS)

ALPS, third Annual Meeting (supported by Syracuse University, College of Law and Georgetown University Law Center) to be held at Georgetown Law School, March 2-3, 2012.   Our first two meetings included 150 participants each; of which approximately 1/3 were from outside of North America.  The discussions on all areas of property were exciting and benefited from the diverse mix of viewpoints presented.  We are looking forward to an equally good meeting this coming March.

This year registration will include an option to register to attend without presenting a paper.  For those wishing to present a paper any topic on property law and policy is of interest and may be on any of a number of topic areas including: Real, Personal, and Intangible Property; Cultural Property; Intellectual Property; Real Estate Transactions and Finance; Land Use and Zoning; Urban Planning and Development; Environmental Law; Climate Change; Housing; Home; Green Development; Mortgages and Foreclosure; Land Titles; Indigenous Populations and Sovereignty; Human Rights and Property; Entrepreneurship and Property; Takings and Eminent Domain; Property Theory; Property History; The Economics of Property

Pencil it in now, and plan to be there in DC next March!

Matt Festa

July 21, 2011 in Conferences, Property, Scholarship | Permalink | Comments (0) | TrackBack (0)

Brigham-Kanner 2011 Property Rights Conference

William & Mary sends news and this latest press release about the upcoming annual Brigham-Kanner Property Rights Conference, with links:

Beijing Conference Explores the Importance of Property Rights on a Global Scale

As China continues to emerge as an economic superpower, one of the challenges it faces is deciding how to further enhance its market economy through its private property laws. It is against this backdrop that, on October 14-15, William & Mary Law School's Property Rights Project will host the law school's first international conference at Tsinghua University in Beijing, China. The eighth annual Brigham-Kanner Property Rights Conference will bring together esteemed scholars, jurists, and practitioners from the United States and China to discuss the evolution of property rights on a global scale.

Justice Sandra Day O'Connor will receive the 2011 Brigham-Kanner Property Rights Prize at the conference and will be a featured speaker. O'Connor served as an associate justice of the Supreme Court from 1981 to 2006. She made history in 1981 as the first woman nominated to serve on the high court. Her widely cited dissenting opinion in Kelo v. City of New London (2005) has been hailed as a pivotal opinion in property law jurisprudence. She became Chancellor of the College of William & Mary following her retirement from the judiciary. A formal reception will be held on October 13 at the United States Embassy in Beijing to honor Justice O’Connor and the conference’s Chinese host, Tsinghua University School of Law.

The conference is being held at and in cooperation with Tsinghua University School of Law, one of China’s top universities and law schools. The conference will be a featured event during Tsinghua University's celebration of the 100th anniversary of its founding.

Holding the conference in China "will foster a comparative framework for the discussion of property rights that is long overdue given the strong ties between the United States and China and China's dynamic role in the world economy," explained Chancellor Professor of Law Lynda Butler, the Project's director.

William & Mary Law School Dean Davison M. Douglas said the slate of participants comprised many scholars "whose work forms the foundation of contemporary American property law jurisprudence." He added that while plans are still preliminary, he looked forward to having a number of China's pre-eminent scholars also participate.

The annual Brigham-Kanner Property Rights Conference is named in recognition of Toby Prince Brigham and Gideon Kanner for their lifetime contributions to private property rights. Now in its eighth year, the conference is designed to bring together members of the bench, bar and academia to explore recent developments in takings law and other areas of the law affecting property rights. During the conference, the Project presents the Brigham-Kanner Prize to an outstanding figure in the field.

All previous prize recipients will participate in the conference. They include: Richard A. Epstein, formerly of the University of Chicago Law School and now at New York University School of Law, Robert C. Ellickson of Yale Law School, James W. Ely, Jr., professor emeritus of Vanderbilt Law School, Frank I. Michelman of Harvard Law School, Richard E. Pipes, professor emeritus of Harvard University, Margaret Jane Radin of the University of Michigan Law School, and Carol M. Rose of the University of Arizona James E. Rogers College of Law and professor emerita of Yale Law School.

The Conference program will explore the following panel topics:

** Legal Protection of Property Rights: A Comparative Look
** Reflections on Important Property Rights Decisions
** Property as an Instrument of Social Policy
** How Practitioners Shape the Law
** Culture and Property
** Property as an Economic Institution
** Property Rights and the Environment
** The Future of Property Rights

An optional post-conference tour of China and Hong Kong has been arranged.  The tour will run from October 16 through 23.  Prior to the conference, on October 13, day trips will be available to the Forbidden City and Great Wall.

For information about the conference, CLE credit, and the optional trips and tour, please visit the Brigham-Kanner Property Rights Conference website at www.bkconference.com or contact Kathy Pond at ktpond@wm.edu.

Dean Douglas’s video message: http://www.youtube.com/watch?v=f64MYI3bs9A&feature=player_embedded

Conference Poster: http://law.wm.edu/academics/intellectuallife/conferencesandlectures/propertyrights/beijing-poster.pdf

 The Brigham-Kanner Conference always has a great lineup of participants, and this year it goes global!

Matt Festa

July 21, 2011 in Comparative Land Use, Conferences, Globalism, Property Rights, Property Theory, Scholarship | Permalink | Comments (0) | TrackBack (0)

Salkin on the Impact of Technology and Innovation on Urban Development

Patricia Salkin (Albany) has posted From Bricks and Mortar to Mega-Bytes and Mega-Pixels: The Changing Landscape of the Impact of Technology and Innovation on Urban Development, published in The Urban Lawyer, Vol. 11, pp. 42-4/43-1, Fall 2010/Winter 2011.  The abstract:

This article reflects upon the impact that technology and innovation has had on urban development. From NASA's Landstat program, to Google maps and GPS, technlogy has had a significant impact on urban planning and land use law. The article begins with a discussion of the impact of the elevator and steel technologies on urban architecture and density, and then moves to changes in transportation such as the automobile and the development of public transportation systems. Green buildings, GIS, satellite data, online mapping, personal computers, the Internet and cell phones are all examined.

Matt Festa

 

July 21, 2011 in Architecture, Green Building, Planning, Scholarship, Transportation, Urbanism | Permalink | Comments (0) | TrackBack (0)

Wednesday, July 20, 2011

Cities With Not-So-Bad Housing Markets

According to CNBC/MSN, of the top ten cities with housing prices that have stayed flat or gone up during the recession, seven are in the south.  Okay, LU Prof Blog readers, you've been pretty quiet this summer - give us your two cents on why this is so.  Extra points to commenters from the Carolinas or Arkansas, where things seem to be quite rosy!

Jamie Baker Roskie

July 20, 2011 in Financial Crisis, Mortgage Crisis, Real Estate Transactions | Permalink | Comments (1) | TrackBack (0)

Owley & Rissman on Distributed Graduate Seminars

Jessica Owley (University at Buffalo School of Law) and Adena Rissman (Wisconsin-Madison, Dept. of Forest & Wildlife Ecology) have posted Distributed Graduate Seminars: An Interdisciplinary Approach to Studying Land Conservation, forthcoming in the Pace Environmental Law Review (PELR).  The abstract:

Adapting to the many changes associated with climate change is an increasingly important issue and nowhere more so than in efforts to conserve private land. Interdisciplinary distributed graduate seminars conducted in Spring 2011 at six universities investigated whether current land conservation laws and institutions appear up to the task of protecting land in the context of change and avenues for improving the adaptive capacity of such institutions.

Distributed graduate seminars are courses coordinated among multiple universities. They begin with a core of interested faculty who organize graduate students at their universities to collect or analyze dispersed data. This article gives a brief introduction to distributed graduate seminars and then details the experience and insights gained conducting such a seminar for land conservation and climate change. The distributed graduate seminar offers advantages by allowing for the synthesis of diverse data, the integration of multiple disciplinary perspectives, and the person-power enabled by student research. For students, the distributed seminar provides opportunities to engage with a broader academic community, benefit from new perspectives, and contribute in a meaningful way to a large endeavor.

Their seminar is a great idea, and an ambitious way to take advantage of the inherent interdisciplinarity in the land use field.  The paper is part of the forthcoming PELR special issue from the Practically Grounded conference on teaching land use and environmental law.  More to come. 

Matt Festa

July 20, 2011 in Conferences, Conservation Easements, Environmental Law, Scholarship, Teaching | Permalink | Comments (0) | TrackBack (0)

Tuesday, July 19, 2011

Herman Cain vs. the Murfreesboro Mosque

Having apparently never heard of RLUIPA, Republican presidential candidate Herman Cain is arguing on freedom of religion grounds that a mosque should not be built in Murfreesboro, Tennesee. The US Justice Department apparently disagrees, as does the head of the Southern Baptists...

Jamie Baker Roskie

July 19, 2011 in NIMBY, RLUIPA | Permalink | Comments (0) | TrackBack (0)

Monday, July 18, 2011

Belajac on the Pennsylvania Land Bank Act

Student author Darren M. Belajac has published a comment, THE PENNSYLVANIA LEGISLATURE TAKES A SIGNIFICANT, THOUGH INSUFFICIENT, STEP TOWARD ADDRESSING BLIGHT AND TAX DELINQUENCY: HOUSE BILL 712, THE LAND BANK ACT in the Duquesne Law Review. From the introduction:

The Pennsylvania House of Representatives recently passed a bill authorizing the creation of land banks for the purpose of addressing vacant and tax-delinquent properties in Pennsylvania municipalities.  The bill, known as the Land Bank Act, is currently in the state Senate for consideration and will likely be voted upon soon. The Land Bank Act is an important, though insufficient, step toward addressing the problem of blight and abandonment of properties throughout Pennsylvania. The problem of blight is especially acute in the Commonwealth's two largest cities, Pittsburgh and Philadelphia. This comment will compare and contrast the contents of the bill against a competing version that stalled in the Pennsylvania Senate in early 2010. This juxtaposition will take place in the context of a more general discussion of how land banks operate to address blight and tax delinquency. In particular, the comment will analyze how the Land Bank Act should affect the City of Pittsburgh's efforts to address its blight. Lastly, this comment will seek to show how even once the bill passes the Senate (assuming it does), the legislature will still need to revamp the Commonwealth's tax foreclosure laws.

I'm surprised that Pennsylvania - which I usually consider to be ahead of Georgia on all things related to land use planning - is just now authorizing land banks.  I'll add this to my considerable (and growing) pile of professional reading!

Jamie Baker Roskie

July 18, 2011 in Politics, Redevelopment, Scholarship | Permalink | Comments (2) | TrackBack (0)