Friday, March 29, 2013

Fennell on Property in Housing

Lee Anne Fennell (Chicago) has posted Property in Housing12 Academia Sinica Law Journal 31 (2013).  The abstract:

The question of how to structure and package the residential experience is a deeply interesting and difficult one. How physically large or small should residential holdings be? How densely should they be clustered? Should spaces for working, recreating, cooking, and bathing be contained within the private residential unit, shared with other households, or procured a la carte? How permanent should the connection be between a household and a living space? How much control should households have over the environment surrounding the dwelling unit? Answers to these and many other queries differ both within and between societies. This keynote address, delivered at Academia Sinica’s Fourth Conference on Law and Economic Analysis in June 2012, shows how a law and economics perspective that emphasizes problems of scale can illuminate the task of configuring residential property optimally.

Matt Festa

March 29, 2013 in Housing, Property, Scholarship | Permalink | Comments (0) | TrackBack (0)

Thursday, March 28, 2013

TODAY - U Idaho Law Fracking Symposium - Watch LIVE!

Today, Friday, March 29, the University of Idaho College of Law is hosting a symposium on hydraulic fracturing.  You can watch it live here.  The schedule of events and speaker bios is here and below.  All times Mountain.

Introductions and Welcome (8:30 – 8:45)

Science and Technology of Hydraulic Fracturing (8:45-9:45)
Moderator: Anastasia Telesetsky (Idaho)
John Imse (NORWEST)
Virginia Gillerman (Idaho Geological Survey)

Break (9:45-10:00)

Regulation of Hydraulic Fracturing’s Environmental Effects (10:00 – 12:35)
Water. (10:00 – 11:00)
Moderator: Barbara Cosens (Idaho)
Joseph Dellapenna (Villanova)
Robin Kundis Craig (Utah)

Air & Land. (11:00 – 12:20)
Moderator: Jerrold Long (Idaho)
Jim Wedeking (Sidley Austin LLP)
Carlos Romo (Baker Botts LLP)
Elizabeth Burleson (Pace)

Morning Wrap-Up Panel Discussion (12:20 – 12:35)

Lunch Break (12:35-1:50)

State & Local Government Regulation of Hydraulic Fracturing (1:50 – 2:50)
Moderator: Stephen R. Miller (Idaho)
Uma Outka (Kansas)
Michael Christian (Marcus Christian Hardee & Davies LLP)

Two Hydraulic Fracturing Hot Topics: Trespass & Trade Secrets (2:50 – 3:50)
Moderator: TBA
Chris Kulander (Texas Tech)
Keith Hall (Louisiana State)

Break (3:50 – 4:00)

Does Hydraulic Fracturing Have a Role in a Clean Energy Future? (4:00 – 5:00)
Moderator: Dale D. Goble (Idaho)
Joshua Fershee (West Virginia)
Patrick Parenteau (Vermont)

Concluding remarks (5:00 – 5:15)

Reception (5:15 – 6:15)

I've been working with the students on this event for a year, and am really looking forward to it.  Hope you can join us online!

Stephen R. Miller

March 28, 2013 | Permalink | Comments (0) | TrackBack (0)

Wednesday, March 27, 2013

Arnold on Framing Watersheds

Craig Anthony (Tony) Arnold (Louisville)--a friend of and contributor to the Land Use Prof Blog--has posted Framing Watersheds, a chapter in Environmental Law and Contrasting Ideas of Nature: A Constructivist Approach, Keith Hirokawa, ed., Cambridge University Press, 2013.  The abstract:

Watershed institutions have emerged in the U.S. out of the structural fragmentation and functional inadequacies of several areas of law and policy. While these institutions organize governance, planning, and management functions around a type of ecosystem (i.e., watersheds), they are highly diverse and evolve over time. This book chapter seeks to understand the diversity of watershed institutions by employing framing analysis to identify the many cognitive and socio-political frames by which the legal system conceptualizes watersheds. More importantly, the chapter analyzes whether watershed institutions have adaptive capacity and can promote ecological and social resilience over time. The processes of multiple framing (multi-framing) and reframing, as seen in several case studies of multi-faceted and evolving watershed institutions, offer considerable promise for society and its watershed institutions to adapt to complex and dynamic conditions. The book chapter explores the barriers to and problems with multi-framing and reframing processes, as well as the opportunities for and benefits of multi-framing and reframing, in light of emerging scientific and social theories about resilience and systemic change.

Matt Festa

March 27, 2013 | Permalink | Comments (0) | TrackBack (0)

Land Use March Madness Bracketology

Urbanist Sweet SixteenRight now many people across America are anxiously awaiting the next round of contests to take place this weekend in the Sweet Sixteen.  Of course, I'm referring to the Sweet Sixteen of the Urbanist Bracket Challenge over at the Atlantic's Cities Blog. 

Who are you rooting for in the big matchups--Bike Lanes vs. Streetcars?  Farmers' Markets vs. BIDs?  Festival vs. Stadium?  Congestion Pricing vs. Electric Car Charge Stations?

Which regional bracket will produce the champion: Le Corbusier, Dandyhorse, Sidewalk Ballet, or Ed Koch?

Unlike most NCAA basketball pools, you can still vote in the Urbanist Bracket Challenge!  Check it out at the website.  Over 20,000 votes have been cast so far (probably more than your office pool!) so get involved and make your voice heard.  Enjoy the land use Madness.

Matt Festa

March 27, 2013 | Permalink | Comments (0) | TrackBack (0)

Tuesday, March 26, 2013

Protected Lands SSRN

There are a lot of SSRN eJournals out there. I subscribe to more thanI need to, but a new eJournal taht debuted a few months ago has really been a fun aggregation of articles.

Nancy McLaughlin (Utah Professor) and James Olmsted (Oregon Attorney) have created the "Protected Lands Law & Policy e Journal." It is the only journal I am aware of with an attorney editor and co-sponsorship from a law firm. [Maybe there are tons, but I just don't have to subscribe to them.]

The journal's description:

This eJournal distributes working and accepted paper abstracts addressing the law and policies relating to the protection of land for its ecological, natural, scenic, historic, recreational, cultural, or resource values. Protected lands can be either public or private lands, and include wilderness areas; wildlife refuges and preserves; local, state, and national parks; and Forest Service and BLM lands. Of particular interest are fee title lands held by charitable conservation organizations (land trusts) and lands protected by conservation easements held by land trusts or governmental entities. Protected lands may also result from the operation of environmental law regimes, such as the creation of Habitat Conservation Plans under the U.S. Endangered Species Act and wetland mitigation banks under the U.S. Clean Water Act. Issues relating to the exercise of Native American Sovereignty or Native American statutory and treaty rights, as well as the protection of urban lands, including urban parks, gardens, and "foodscapes," are also pertinent to this eJournal. Because existing human occupation and use of land often conflicts with protecting the land, this eJournal invites discussion of social issues arising from the removal of people from land or limiting uses of land. Land protection also raises economic issues, including reduction in the value of land and its income producing potential; local, state, and federal tax incentive issues; and the commoditization of property rights through, for example, transfer of development rights programs, carbon offset programs, mitigation banks, and provision of natural or ecosystem services. Land protection raises further issues relating to nonprofit governance, the laws governing the administration of charitable gifts, and the role of the courts as well as federal and state regulators, including the Bureau of Land Management, the U.S. Fish and Wildlife Service, the Internal Revenue Service, and state attorneys general, in ensuring the continued protection of the land. This eJournal is international and interdisciplinary and welcomes submissions from around the globe.

How can I not love an eJournal specifically interested in conservation easements! The journal editors and advisory board are the heavy hitters in conservation easement scholarship (as well as experts in environmental and land use law).

- Jessie Owley


March 26, 2013 | Permalink | Comments (0) | TrackBack (0)

Monday, March 25, 2013

Poirier's Comparative Analysis of the Right to Dwell

Marc Poirier (Seton Hall) has posted Brazilian Regularization of Title in Light of Moradia, Compared to the United States’ Understandings of Homeownership and Homelessness, __ U. Miami Inter-Am. L. Rev.  ___ (forthcoming). Here's the abstract:

This Essay considers the cultural resonances of regularization of title (regularização) for homeownership in the favelas of Rio de Janeiro. It compares those resonances to the cultural meaning of homeownership in the United States. Brazil’s approach is informed by an understanding of moradia, a right to dwell someplace, that is a far cry from its typical English translation as a right to housing. Brazil also draws on constitutional provisions and a long Latin American tradition concerning the social function of property, as well as a general theoretical understanding of the right to the city and of cidadania, a certain kind of citizenship. All of these frames construct homeownership as a gateway to interconnection and full participation in the life of the city. This is distinctly different from the individualistic cast of the prevailing understanding of homeownership in the United States, as personal success and the achievement of wealth, status, and a private castle.

The Essay also considers the standard United States construction of homelessness, which again tends to frame the issue in terms of individual responsibility or blame or of the role of institutional structures as they affect individuals, and typically fails to recognize the effect of having no property on relationships and interconnectedness and ultimately citizenship. The Essay advances five reason for the differences between Brazilian and United States understandings of homeownership. These include very different histories concerning the distribution of public lands; the absence in United States property jurisprudence of anything like the notion of a social function of property; the physical invisibility of informal communities in the United States; United States jurisprudence’s rejection of vague, aspirational human rights claims as law; and an insistence in United States jurisprudence on legal monism and an abstract, universalizing account of property ownership that valorizes one-size-fits-all law rather than case-by-case accounts of how land and dwellings are managed by various local communities.

Finally, the Essay observes a recent groundswell of United States scholarship that debunks “A own Blackacre” as an adequate account of the ownership of land and homes, insisting on a more race- and class-informed account as to both the history of homeownership and possible solutions for providing secure dwelling for the poor. The Essay recommends a convergence of studies of informal communities worldwide with a more nuanced, race- and class-informed understanding of homeownership.

Jim K.

March 25, 2013 in Affordable Housing, Comparative Land Use, Housing, Property, Property Rights, Property Theory, Scholarship | Permalink | Comments (0) | TrackBack (0)

ClassCrits Deadline Extended

I posted about this conference before. They have decided to extend the deadline for the Call for Papers.


ClassCrits VI

Stuck in Forward?

Debt, Austerity and the Possibilities of the Political 

 Sponsored by Southwestern Law School & U.C. Davis School of Law

Los Angeles, CA    * November 15-16, 2013


Keynote Speaker: Professor Akhil Gupta, Department of Anthropology

Director, Center for India and South Asia, University of California, Los Angeles

Proposal Submission Procedure and EXTENDED Deadline.  Please submit your proposal by email to by May 15, 2013.  Proposals should include the author’s name, institutional affiliation and contact information, the title of the paper to be presented, and an abstract of the paper to be presented of no more than 750 words.  Junior scholar submissions for works in progress should be clearly marked as “JUNIOR SCHOLAR WORK IN PROGRESS PROPOSAL.” Visit the ClassCrits website at for more information about this year’s themes and topics.


- Jessie Owley

March 25, 2013 | Permalink | Comments (0) | TrackBack (0)

Sunday, March 24, 2013

The Debate over Richard Florida's views on the Creative Class: Richard Florida weighs in

For those of you who just cannot get enough of Richard Florida, the Daily Beast this week features an exchange between Joel Kotkin and Richard Florida on whether Florida's evolution as a proponent of cities being geared toward the "creative class" constitutes a full-scale retreat from his emphasis on this group as a generator of local and regional economic growth.  Florida's installment references a related piece on the importance of urban design that promotes personal interaction that he published in the Wall Street Journal back in July.

HT, Chris O'Byrne.

Jim K.

March 24, 2013 in Development, Downtown, Urbanism | Permalink | Comments (0) | TrackBack (0)

U Idaho Law Fracking Symposium / Couture on Securities Regulation and Fracking

First, my last reminder that the University of Idaho College of Law’s symposium in Boise is next Friday, March 29, and will focus on the legal aspects of hydraulic fracturing.  Check out the schedule here

Most importantly for this group, the symposium will be streamed live for free beginning at 8:30 a.m. Mountain time.  We are also offering 5 CLEs for attorneys that view remotely for a modest $145 by registering here (non-Idaho attorneys will also have to submit written materials to their home jurisdiction bar for credit).  As faculty adviser for the symposium I have to say that I believe our students have put together a great collection of academics and practitioners working in this field, and I think it will prove to be an event of national significance. 

Second, a colleague of mine that specializes in securities regulation, Wendy Gerwick Couture (Idaho), recently posted a great article on securities disclosure requirements related to hydraulic fracturing.  Her article is entitled “Securities Regulation as Gap-Filler: The Example of Hydraulic Fracturing,” forthcoming in 41 Securities Regulation Law Journal __ (2013).  Here’s the abstract:

Hydraulic fracturing is a controversial well stimulation process used to maximize the extraction of underground resources like oil and gas. There has been a significant public and scholarly outcry for a federal regulatory response to hydraulic fracturing. Despite the perception of a slow federal regulatory response to hydraulic fracturing, one area of federal regulation has dealt extensively with hydraulic fracturing: securities regulation. In particular, public companies that are engaged in hydraulic fracturing operations must (1) make extensive periodic disclosures under Securities Exchange Act regulations; and (2) comply with the Exchange Act’s regulations regarding shareholder access to company proxy statements. After explaining how the securities laws regulate hydraulic fracturing, albeit indirectly, this Essay concludes with a broader discussion about the gap-filling role of securities regulation within the federal regulatory scheme.

It’s a great inter-disciplinary piece worth checking out!

Stephen R. Miller

March 24, 2013 | Permalink | Comments (0) | TrackBack (0)