Monday, August 24, 2015

World Planning Schools Congress call for abstracts (October 5 deadline)

From the Association of Collegiate Schools of Planning (ACSP): You might be interested in the abstract submission window for the upcoming World
Planning Schools Congress in 2016: submission deadline October 5th.
For detailed information about the conference and how to submit an abstract
visit http://www.wpsc2016.com.br/.  The conference is in Rio de Janeiro, Brazil, July, 3rd to July 8th, 2016.  A little land use law samba, anyone?

August 24, 2015 in Conferences, Planning | Permalink | Comments (0)

Monday, June 29, 2015

Call for Papers: City as a Commons Conference in Bologna, Italy, Nov. 6-7, 2015

The International Association for the Study of the Commons and LABGOV have teamed up with Fordham's Urban Law Center to put together a conference entitled The City as a Commons: Reconceiving Urban Space, Common Goods and City Governance.  The conference will take place in Bologna, Italy on Nov. 6-7, 2015.  Abstracts are due before August 10, 2015 12 AM CET (so make sure you submit yours (email to  urbancommons@labgov.it ) by 6pm EDT on August 9th to avoid any heartache over the ambiguity inherent in midnight deadlines).  Further details, including the six themes of the conference, are available on the website (just keep scrolling down).

 

Jim K.

June 29, 2015 in Conferences | Permalink | Comments (0)

Friday, January 9, 2015

ALPS Call for Papers Deadline Extended

The 6th Annual Meeting of the Association of Law, Property and Society will take place in Athens, Ga at the University of Georgia School of Law from Thursday, April 30th through Saturday, May 2nd.  Jim Smith (Georgia), the conference host, sent out an email earlier today announing an extension of the deadline for proposals:

Dear Property Colleagues,
I'm writing to give you an update on plans for our 6th annual meeting, which will be held Thurs. Apr. 30 through Sat. May 2 at the University of Georgia in Athens.  Our program committee has extended the deadline for registration and the submission of abstracts and panels to March 1.  Later submissions after March 1, with a slightly higher registration fee, will be considered if there still is space available. The keynote speaker for the meeting will be Laura Underkuffler, the J. DuPratt White Professor at Cornell Law School. We are in the process of arranging a field trip for the afternoon of April 30, along with an opening reception for that evening. So if possible plan your travel to arrive in time for these events. The panels will begin Friday morning.
 
For details, see our revised Call for Papers, which is available at our conference website, where you can register and obtain information about Athens lodging:
 
 

I hope to see you in Athens!


James C. Smith
John Byrd Martin Professor
University of Georgia
School of Law
Athens GA 30602

I and many of my fellow LUP blog contributors have enjoyed the previous ALPS conferences, especially last year's get-together in Vancouver.  We look forward to seeing you in Athens at the end of the semester!

Jim K.

January 9, 2015 in Conferences | Permalink | Comments (0)

Saturday, September 13, 2014

Food law symposium notice and call for articles/speakers

Duke Environmental Law and Policy Forum has issued a call for articles and presenters for a symposium on the national food system, which will be at Duke Law school on Friday, January 23, 2015. The working title is  "Carrots and Sticks: Moving the U.S. National Food System Toward a Sustainable Future." According to the announcement I received today, the students are in the final stages of soliciting articles and speakers, and are particularly interested in contributions on food safety and labeling.
 
If you're interested in contributing an article or participating in some way, you can contact Editor-in-Chief Francesca Bochner at francesca.finch.bochner@lawnet.duke.edu, or Managing Editor Gordon Sommers at Gordon.sommers@lawnet.duke.edu.   
 
According to Michelle Nowlin, Supervising Attorney and Senior Lecturing Fellow at Duke Environmental Law and Policy Clinic, Durham boasts pleasant January weather, an exceptional year-round Farmers' Market, many fine farm-to-table restaurants, has received many awards for its dedication to the modern food movement, and supports several independent food aggregators who are working to rebuild the regional food system. Duke also has an excellent campus farm that encourages visitors from other academic institutions. For more information on Durham, visit:  http://www.durham-nc.com/dining/www.carolinafarmstewards.orghttp://www.cefs.ncsu.edu/www.firsthandfoods.com,  www.easterncarolinaorganics.comhttp://www.cccc.edu/curriculum/majors/sustainableagriculture/

September 13, 2014 in Agriculture, Conferences, Food | Permalink | Comments (0)

Tuesday, September 2, 2014

Upcoming conferences on ocean management and environmental law and energy law moot court competition

The following two upcoming conferences, one with a New York focus and one with a national focus, may be of interest to land use scholars and practitioners. Additionally, West Virginia University College of Law is hosting its Fifth Annual National Energy & Sustainability Moot Court Competition, which may be of interest to students focused on land use, energy or environmental law. Here are the details: 

Managing New York Ocean Resources:  Connecting Science and Policy

Save the date: October 18, 2014, at Hofstra University in Queens, New York.

According to an email from a contact at Stony Brook University: As directed by the National Ocean Policy, Regional and New York Ocean Action Plans and Ocean Assessments are being drafted that will protect and guide management of marine resources now and in the future. The New York Marine Sciences Consortium will host a meeting to gather input from the scientific community, policy makers, other stakeholders and the general public to inform these action plans and assessments. Conference participants' input will be used to develop recommendations and identify critical knowledge gaps regarding ocean-related human uses, natural resources, and cultural factors. The NY Marine Sciences Consortium will use this information to produce a meeting report that will be presented to New York State and to the Mid-Atlantic Regional Council on the Oceans to guide development of the Action Plans and Assessments. Click here and choose ‘Annual Conference’ for more information. 

Additionally, for those interested in coastal policy issues, related social science issues, and marine science, the conference planners are seeking input on conference design, including break-out session topics. To provide input, please fill out the online questionnaire by September 12th.

Appalachian Public Interest Environmental Law (APIEL) Conference

October 17 to 19, 2014, at University of Tennessee College of Law in Knoxville, Tennessee.  

According to an email from Will Mazzota, President of the University of Tennessee law school's Environmental Law Organization: APIEL is a regional conference designed to bring attorneys, activists, policymakers, funders, philanthropists, students, and scientists together from across the greater Appalachian region. It is a vehicle to advance the most pressing environmental and public interest causes of our time; it will offer a chance to attend a wide selection of workshops and seminars led by lawyers, activists, and scientists. The workshops will cover a broad range of environmental public interest topics, including some topics of concern to land use practitioners and scholars. Topics include fracking, immigration, nuclear weapons, mountain top removal, and enforcement of the Clean Water Act.

It appears that APIEL may provide some travel stipends and food during conference events to attendees who need financial support.

Register for the event here. For more information about the conference, see APIEL's website

Fifth Annual WVU College of Law National Energy & Sustainability Moot Court Competition

Registration is open now for the March 12-14, 2015 competition in Morgantown, West Virginia.

An email from Jamie Van Nostrand, Associate Professor and Director of WVA's the Center for Energy and Sustainable Development, describes this national competition as featuring problems that focus on current issues facing the energy industry. Past problems have been based on energy and sustainability issues associated with the gulf oil spill; the nuclear incident at Fukushima Daiichi; shale gas development and the Clean Air Act; and the intersection of the Clean Air Act, the Clean Water Act and common law nuisance claims associated with utility power plants.

Register here. Registration closes on January 5, 2015, and is limited to the first forty teams. Interested schools or student groups can contact Professor Van Nostrand (james.vannostrand@mail.wvu.edu, (304)293-4694) or Samantha Stefanov, Program Assistant (samantha.stefanov@mail.wvu.edu, phone (304)293-0064) with questions.

 

Posted by Professor Sarah J. Adams-Schoen, Director of Touro Law's Land Use & Sustainable Development Institute. You can follow the Institute's blog here, and contact Professor Adams-Schoen by email or phone (sadams-schoen@tourolaw.edu, (631)761-7137).

September 2, 2014 in Clean Energy, Coastal Regulation, Conferences, Environmental Law | Permalink | Comments (0)

Wednesday, June 11, 2014

Congress of New Urbanism (courtesy of Yelp!)

Last week, Buffalo hosted the 22nd Congress for New Urbanism. With a constrained conference budget, I was planning on just scoping out the (numerous) public events. Then conference funding came through from a surprising source. I actually won free conference registration via Yelp! (yes it pays to  be elite). I am not sure what it says about academia when we have to look to social media to help with our research funding but I was happy to get in the door!

CNU 22 was a mixture of the inspirational and the mundane. It was amazing to see people from all over the country (and particularly so many from Buffalo) coming together to think about how to improve your communities. I bathed in the local pride (feeling the Buffalove as we say around here) and heard inspiring tales about efforts in Toronto, Minneapolis, DC, and Milwaukee. But nothing was actually radical. In some ways this is an encouraging story. It no longer seems crazy to argue that suburban sprawl is destroying community. I really didn't need convincing that we should have more walkable or bikable cities. There seems to be general agreement on what elements make for a thriving urban environment and largely agreement from the attendees on how to get there (community involvement, form based codes, economic development). Thus, while I enjoyed myself and met some fascinating folks I left the conference with an empty notebook. Maybe I just attended the wrong sessions, but I wonder what types of legal changes we might need, what type of property tools we can use, and of course who is gonna fund it all. Any suggestions?

June 11, 2014 in Community Design, Community Economic Development, Conferences, Downtown, Economic Development, Form-Based Codes, New Urbanism, Pedestrian, Planning, Smart Growth, Sprawl, Urbanism | Permalink | Comments (2)

Friday, May 2, 2014

Liveblogging ALPS session 3

So many interesting sessions here making it hard to choose which panel to attend, but I had to give some more co-blogger love and check out Ken Stahl's paper and the panel on local government law.

Nestor Davidson (Fordham Law School) started the panel off with a talk on administrative law at the local level. fascinating stuff and unquestionably important for us land-usey types. Many land use decisions are made or carried out by local agencies and I had never given much thought to how really different admin law is at the local stage. I was particularly taken aback by the lack of separation of powers and the increased blurring of public and private lines.

Ken Stahl presented a paper/essay/book review building off "The Great American City" by Sampson. Here is the official abstract:

Urban policymakers have long debated whether to focus on people or on places. Give poor people the means to leave deteriorated neighborhoods, or attempt to bolster such neighborhoods by reinforcing the social norms of the community? Direct the police to crack down on low-level crime, or foster informal connections between the police and local institutions? Definitive answers to these questions have been elusive, but Robert Sampson’s new book GREAT AMERICAN CITY provides some needed insight. Sampson demonstrates that people are ineluctable products of their local environments, and he concludes that “place-based” policies that focus on building community are more likely to be successful than policies premised on the assumption of individual mobility and choice. This essay revisits the “people v. places” debate in light of GREAT AMERICAN CITY. Though the book is sure to have a tremendous impact on that debate, Sampson devotes relatively little attention to the policy implications of his work, and thus I attempt to articulate and probe what I see as the book’s major policy implications. Principally, I interpret Sampson’s work as an implicit challenge to the predominant public choice model of local government, which conceptualizes urban residents as mobile individuals who make locational choices regardless of social context. Seen in this light, GREAT AMERICAN CITY raises important questions about the wisdom of policymakers’ longstanding reliance on the public choice model, but also leaves much to speculation. I further argue that in light of Sampson’s findings, efforts to aid disadvantaged communities might be most effective if they undertook to induce people to stay in such communities.

I have not yet read this book and really enjoyed hearing Ken's description and the concerns it raised for him with regard to neighborhood structure and power.

Ashira Ostrow (Hofstra) rounded out the panel with a talk on the strange weighted voting system used in Hudson, NY. Not clear to me (or Ashira) whether the system is constitutional (based on the one person - one vote requirement) but if so it could present an interesting structure for local governments where representative's vote are based on their number of constituents.

May 2, 2014 in Conferences, Local Government, Scholarship | Permalink | Comments (0) | TrackBack (0)

Liveblogging ALPS 2014

Well it is that time of the year again and most of the Land Use Profs' crew is attending the Annual Meeting of the Association of Law, Property, and Society. This year, the conference is in Vancouver, B.C. and I have to say this is the prettiest location for ALPS so far.

I spoke on a riveting panel on conservation easements this morning (shocker I know) and now get to sit back and listen to co-blogger Jim Kelly's talk: “‘That Side was made for you and me’: Unauthorized Use of Vacant Property in Inner City Neighbourhoods.” In this packed room, I enjoy the fact that Jim started with a song. His presentation discussed what might be categorized as a type of self-help improvement. Here is the official abstract:

This essay explores the social function of unauthorized uses of vacant properties, both houses and lots, in inner-city neighborhoods. Underutilized properties, particularly those abandoned by their owners, present obvious opportunities for non-owners to engage in uses that may not benefit them personally and/or may (or may not) confer social benefits. From squatters and scrappers to guerilla gardeners and anti-foreclosure activists, acquisitive and expressive “property outlaws” challenge the formality and durability of land ownership claims. By looking at contemporary phenomena such as Philadelphia Green, Take Back the Land, and Indiana’s Good Samaritan Law, the essay will sort out the constructive possibilities for supporting, ignoring and actively opposing unauthorized use of vacant inner-city properties.

The panel, which focused on violence and authorized/unauthorized uses of property. I particularly enjoyed Robin Hickey's paper about whether you can take back property that others have taken from you (in fancy terms: the right to recapture). I think my property law students would be most intrigued by Abraham Bell's talk about possession (they always want to talk about the phrase "possession is nine-tenths of the law").

 

May 2, 2014 in Conferences, Crime, Environmental Justice, Nuisance, Property, Property Rights, Property Theory, Scholarship | Permalink | Comments (0) | TrackBack (0)

Monday, April 7, 2014

Call for Presenters at 2014 Urban Agriculture Law Conference

Community Law Center, Inc. and University of Maryland Francis King Carey School of Law are hosting the 2014 Urban Agriculture Law Conference on September 19, 2014 in Baltimore to share information and best practices in urban agriculture laws, policies and practices across the country. We are currently accepting proposals for conference papers, presentations, and workshops. Click here for the Call for Papers and Presentations.  To download the application, you need to click here.

Located in the heart of Baltimore, the 2014 Urban Agriculture Law Conference  will bring together national and local leaders, legal practitioners, and scholars who are addressing the diverse roles of urban agriculture in the renewal of urban communities.

All proposals must be submitted by June 15, 2014.  Community Law Center will notify all selected speakers by July 15, 2014 of their acceptance and time slot.

Jim K.

April 7, 2014 in Agriculture, Conferences | Permalink | Comments (0) | TrackBack (0)

Thursday, February 27, 2014

Touro Hosts Incubator Conference

Lots of exciting stuff happening at Touro Law nowadays, where leading land use star Patricia Salkin is now the Dean.  One thing I'm particularly excited about is their upcoming conference on law firm incubators.  From the conference website:

In striving to create sustainable post-graduate programs, law school, Legal Aid and bar association administrators, in conjunction with faculty members, alumni relations directors, career service providers and local NGOs, are working together to create meaningful support programs for their graduates or members. The challenges lie in managing limited resources available for the programs and ultimately ensuring sustainability of the programs and the law practices created by the participants.
 
This conference will explore ways to overcome institutional obstacles to program development and implementation, promote collaboration among interested organizations, define costs involved in creating new programs, and highlight the best practices for successful post-graduate incubators and residency programs. It will use a range of formats: speaker presentations, round-table discussions and visits to programs in New York City metropolitan area.
 
The conference is April 3-4 in Long Island.  I plan to attend, and I hope to meet some of you there!
 
Jamie Baker Roskie

February 27, 2014 in Conferences | Permalink | Comments (0) | TrackBack (0)

Monday, January 27, 2014

CFP: Comparative Urban Law Conference

Here's an interesting sounding one!


Call For Participation : Comparative Urban Law Conference
June 30, 2014, London, England

The Fordham Urban Law Center is pleased to announce a call for participation for the Comparative Urban Law Conference, which will be held on Monday, June 30, 2014 at Loyola Hall, University of London. The Conference will gather legal and other scholars for a provocative, engaging conversation about the field of "urban law" from an international, comparative, and interdisciplinary perspective. The Conference will focus on the nature and boundaries of urban law as a discipline, which participants will explore through overlapping themes such as the structure of local authority and autonomy and the role of law in urban policy areas such as environmental sustainability, consumer protection, public health, housing, and criminal justice, among others. The goal is to facilitate an in-depth exploration across sub-specialties within the legal academy to help develop an understanding of urban law in the twenty-first century.

PAPER SUBMISSION PROCEDURE: Potential participants in panels and workshops throughout the day should submit a one-page proposal to Professor Nestor Davidson at ndavidson@law.fordham.edu. If you are already working on a draft paper, please include that draft with your submission, but participants do not need to have prepared a formal paper to join the conversation. The deadline for topic proposal submissions is Thursday, February 13. We will discuss potential publishing options available as a result of conference participation. Please contact Annie Decker at adecker2@law.fordham.edu with any questions.

ABOUT THE URBAN LAW CENTER: The Urban Law Center at Fordham Law School in New York City is committed to understanding and affecting the legal system's place in contemporary urbanism. See: http://law.fordham.edu/urbanlawcenter.htm for more information about our activities.

January 27, 2014 in Conferences, Scholarship, Urbanism | Permalink | Comments (0) | TrackBack (0)

Saturday, January 25, 2014

CFP: Land Trust Alliance Annual Meeting

The Land  Trust Alliance's annual conference (I love that they call it a Rally) will be September 18-20 in Providence. The call for papers went out recently and they usually have a wide variety of seminars and workshops. Proposals are due February 24th. More info about the call and the presentations and the conference itself available here. And let me know if you plan to go. I'll be there!

January 25, 2014 in Conferences, Conservation Easements, Land Trust | Permalink | Comments (0) | TrackBack (0)

Tuesday, August 13, 2013

Professors' Corner teleconference on Real Estate Issues in the Bankruptcy Courts

It's time for the monthly "Professors' Corner" teleconference sponsored by the ABA Real Property Section.  Here's this month's info! --Matt Festa

***

Professors' Corner:   Wednesday, August 14, 2013

12:30pm Eastern/11:30am Central/9:30am Pacific

Call-in number: 866-646-6488

Passcode: 5577419753

Professors’ Corner is a monthly FREE teleconference sponsored by the ABA Real Property, Trust and Estate Law Section's Legal Education and Uniform Laws Group.  Each month’s call features a panel of law professors who discuss recent cases or issues of interest to real estate practitioners and scholars.  Members of the AALS Property section are invited and encouraged to join in this call.

Our program on Wednesday, August 14 is “Real Estate Issues in the Bankruptcy Courts.”  Our panel will discuss the latest on several important real estate issues in bankruptcy, including the “absolute priority” rule in individual Chapter 11 cases; the “strip-off” of underwater liens in Chapters 11 and 13; and the artificial impairment and artificial classification in Chapter 11 cases.

Our panelists for the program include three leading bankruptcy scholars:

Professor Ralph Brubaker, University of Illinois College of Law.  Prof. Brubaker has taught at Illinois since 2004 after many years at Emory University Law School.  He has served as Interim Dean and Associate Dean for Academic Affairs at Illinois and most recently as the Guy Raymond Jones Faculty Scholar.  He will discuss a recent Fifth Circuit decision, In re Village at Camp Bowie I, L.P., and the extent to which a Chapter 11 debtor can “artificially” impair claims to facilitate cramdown of a reorganization plan and the status of the “artificial classification” doctrine.  

Professor Bruce Markell, Florida State University.  Prof. Markell returns to teaching at FSU in 2013 as the Jeffrey A. Stoops Professor, after many years of service as a United States Bankruptcy Judge for the District of Nevada and as a member of the Bankruptcy Appellate Panel for the Ninth Circuit.  Prior to his service as bankrutpcy judge, Prof. Markell had a distinguished career as a law teacher at both Indiana University and UNLV.  He will address recent case developments involving the “absolute priority rule,” including whether the rule applies in individual Chapter 11 cases and Judge Easterbrook’s recent “new value” decision in In re Castleton Plaza.

Professor Robert Lawless, University of Illinois.  Prof. Lawless has taught at Illinois since 2006, and previously taught at both Missouri and UNLV. He currently serves as the Associate Dean for Research and the Co-Director of the Illinois Program on Law, Behavior, and Social Science.  Prof. Lawless will address recent case developments regarding the ability of Chapter 11 and 13 debtors to “strip-off” underwater mortgage liens.

Please join us on Wednesday for this program!

August 13, 2013 in Conferences, Real Estate Transactions, Scholarship | Permalink | Comments (0) | TrackBack (0)

Tuesday, July 9, 2013

PLPR 2014 Annual Conference - Call for Papers

The next annual conference of the International Academic
Association on Planning, Law, and Property Rights will be hosted by the Center
for Urban and Regional Studies at the Technion University in Haifa, Israel,
from February 11 - 14, 2014. 

Details and the call for papers can be found at: http://plpr2014.net.technion.ac.il/

Please don't hesitate to contact the chair of the host
committee, Rachelle Alterman (alterman@technion.ac.il),
if you have any questions.

I attended this conference in Portland, Oregon this past February and was impressed by the quality and quantity of law and planning faculty from around the world.  I hope to attend again next year in Haifa, and highly recommend it to our readers.

Ken Stahl

July 9, 2013 in Comparative Land Use, Conferences | Permalink | Comments (0) | TrackBack (0)

Professor's Corner on Koontz

This month's ABA Real Property "Professors' Corner" teleconference will focus on Koontz, the end-of-Term exactions that is one of the most significant Supreme Court property-rights cases in recent years.  (Jessie Owley has discussed it here, and Tim Mulvaney and others have weighed in around the net).  This Professor's Corner session should be a good one with several leading scholars participating.  Here's the announcement:

Professors’ Corner:  Wednesday, July 10, 2013:  Koontz v. St. John’s River Water Management District:  A Significant Victory for Property Rights?

Professors’ Corner is a monthly free teleconference sponsored by the ABA Real Property, Trust and Estate Law Section's Legal Education and Uniform Laws Group. Each month’s call features a panel of law professors who discuss recent cases or issues of interest to real estate practitioners and scholars.   Members of the AALS Property Section are invited to participate in the call (as well as to join and become involved in the ABA Real Property, Trust and Estate Law Section).

Wednesday, July 10, 2013

12:30 p.m. Eastern time (11:30 a.m. Central, 9:30 a.m. Pacific). Call is ONE HOUR in length.

Call-in number: 866-646-6488

Passcode: 5577419753

This program will feature a roundtable discussion breaking down the Supreme Court’s important June 25 decision in Koontz v. St. John’s River Water Management District. If “monetary exactions” have always seemed a little untamed to you, you’re not alone. The 5-4 decision in Koontz leaves a lot of room for analysis, and this month’s panel is prepared to guide you through it by parsing the decision and the dissent.  Our distinguished panel will include Professor Jonathan H. Adler, who is the Johan Verheij Memorial Professor of Law and Director of the Center for Business Law and Regulation at Case Western Reserve University School of Law; John D. Echeverria, Professor of Law at Vermont Law School; and David L. Callies, who is the Benjamin A. Kudo Professor of Law at the University of Hawai’i. 

For those that haven’t already seen it, here’s a link to the opinion:

http://www.supremecourt.gov/opinions/12pdf/11-1447_4e46.pdf

Please join us Wednesday for this great program!

Matt Festa

July 9, 2013 in Caselaw, Conferences, Conservation Easements, Constitutional Law, Environmental Law, Federal Government, Property Rights, Scholarship, Supreme Court, Sustainability, Takings, Wetlands | Permalink | Comments (0) | TrackBack (0)

Tuesday, June 11, 2013

Professors' Corner, June 12

It's time once again for the "Professors' Corner" teleconference sponsored by the ABA's Real Property, Trusts, & Estates section.  This month's call features different recent cases to be discussed by John Orth (North Carolina), Tanya Marsh (Wake Forest), and yours truly (South Texas).  See the writeup below for details on the call-in and the cases.  Also, if you're a property or land use prof who might be interested in participating in future calls (I recommend it), get in touch with Tanya.

Matt Festa

Professors’ Corner:  Wednesday, June 12, 2013

Professors’ Corner is a monthly free teleconference sponsored by the ABA Real Property, Trust and Estate Law Section's Legal Education and Uniform Laws Group. Each month’s call features a panel of law professors who discuss recent cases or issues of interest to real estate practitioners and scholars.   Members of the AALS Property Section are invited to participate in the call (as well as to join and become involved in the ABA Real Property, Trust and Estate Law Section).

Wednesday, June 12, 2013

12:30 p.m. Eastern time (11:30 a.m. Central, 9:30 a.m. Pacific). Call is ONE HOUR in length.

Call-in number: 866-646-6488

Passcode: 5577419753

This month’s program involves some recent case developments on issues of interest to both Real Property and Trust and Estate practitioners.  Our featured speakers will be Professors John Orth, Tanya Marsh, and Matt Festa.

John Orth is the William Rand Kenan Jr. Professor of Law at the University of North Carolina School of Law in Chapel Hill, NC, where he has taught since 1978. He teaches Property, Advanced Property, Trusts and Estates, and Legal History. He has published extensively on the subjects of property, legal history, and state constitutional law. Prof. Orth is a contributing author to the treatise Thompson on Real Property for the subject of concurrent estates, and has served as an Associate Editor and a contributor to the American National Biography series.  Prof. Orth will be discussing Reicherter v. McCauley, a Kansas appellate decision addressing whether one joint tenant can effect a “secret severance” of a joint tenancy via a quitclaim deed to himself via a deed executed in anticipation of death.  Time permitting, he will also discussBridgeview Bank Group v. Callaghan, a recent Florida appellate decision addressing whether a creditor may introduce evidence to rebut the presumption that a deed to a married couple was intended to create a tenancy by the entirety.  Here’s a link to Reicherter:  http://www.kscourts.org/cases-and-opinions/Opinions/CtApp/2012/20120713/106622.pdf

And to Callaghan:  http://www.flprobatelitigation.com/uploads/file/4D11-631_op[1].pdf

Tanya Marsh is an Associate Professor of Law at the Wake Forest University School of Law in Winston-Salem, NC, where she began teaching in 2010, following ten years practicing real estate and corporate law in Indianapolis, Indiana. She teaches Property and Real Estate Transactions, and is a contributing editor to the Property Prof Blog. Prof. Marsh is the incoming Chair of the Real Property Division Legal Education Committee for the ABA Real Property, Trust & Estate Law Section.  She will be discussing In re Estate of Whalen, a recent Iowa Supreme Court decision addressing whether Iowa’s Final Disposition Act allows a surviving spouse to disregard the deceased spouse’s written burial instructions.  Here’s a link to the Whalen decision: http://www.iowacourts.gov/Supreme_Court/Recent_Opinions/20130222/12-1927.pdf

Matt Festa is a Professor of Law at the South Texas College of Law in Houston, TX, where he has taught since 2007. He teaches and researches in the areas of property law and land use, state & local government, energy & environmental law, trusts & estates, legal history, and national security law. He is the editor of the Land Use Prof blog.  Matt will be discussing a Texas Supreme Court decision, Texas Rice Land Partners, Ltd. v. Denbury Green  Pipeline — Texas, LLC, in which the Court addressed whether a “common carrier” pipeline company with statutory authority to exercise eminent domain may do so for the construction of a private pipeline.  Here’s a link to the decision: http://www.supreme.courts.state.tx.us/historical/2012/mar/090901rh.pdf

June 11, 2013 in Caselaw, Conferences, Eminent Domain, Oil & Gas, Property, Property Theory, Scholarship | Permalink | Comments (0) | TrackBack (0)

Tuesday, May 7, 2013

Professors' Corner May 8--Commercial Leasing

As many of you know, the ABA hosts a free "Professors' Corner" teleconference each month, where we have the chance to discuss recent cases and hot topics with scholars and practitioners.  Courtesy of Julie Forrester, here is the info on this month's discussion, which focuses on commercial leasing:

Professors’ Corner is a monthly free teleconference sponsored by the ABA Real Property, Trust and Estate Law Section's Legal Education and Uniform Laws Group. Each month’s call features a panel of law professors who discuss recent cases or issues of interest to real estate practitioners and scholars.   Members of the AALS Real Estate Transactions Section are invited to participate in the call (as well as to join and become involved in the ABA Real Property, Trust and Estate Law Section).

Wednesday, May 8, 2013

12:30 p.m. Eastern time (11:30 a.m. Central, 9:30 a.m. Pacific). Call is ONE HOUR in length.

Call-in number: 866-646-6488

Passcode: 5577419753

This month’s program, moderated by Professor Jim Durham of the University of Dayton School of Law, features a roundtable on Commercial Leasing.  Our two featured speakers will be Professors Celeste Hammond and Professor Daniel B. Bogart, who are co-authors of Commercial Leasing: A Transactional Primer, now in its Second Edition and published by Carolina Academic Press.

Professor Hammond is a Professor of Law and the Director of the Center for Real Estate Law at the John Marshall Law School in Chicago.  Professor Hammond will be discussing “Green” issues in commercial leasing and the implications of this “greening” for landlords, tenants, and their attorneys.  Here is a copy (for your download and preview) of a Powerpoint presentation that will accompany Professor Hammond’s comments:  http://law.missouri.edu/freyermuth/hammondgreenleasing.pptx

Professor Bogart is the Daniel and Marjorie Bollinger Chair in Real Estate Law at Chapman University School of Law, where he serves as both the Associate Dean for Academic Affairs and as the Director of the Center for Land Resources.  Professor Bogart will be discussing some recent leasing decisions of note, including (click on the link for a copy of each decision):

J-Star Holdings, LLC v. The Pantry (Tenn. Ct. App. January 2013) (whether a commercial lease agreement requires the tenant to pay excise taxes imposed on the landlord):  http://www.tncourts.gov/sites/default/files/j-star_opn.pdf

Maida Vale, Inc. v. Abbey Road Plaza Corp., 96 So.3d 1027 (Fla. Ct. App. 2012) (whether a tenant who withheld payment of disputed CAM charges may be evicted for nonpayment of rent): http://www.4dca.org/opinions/August%202012/08-22-12/4D10-2203.op.pdf

Fairfax Portfolio, LLC v. Owens Corning Insulating Systems, 2013 WL 440726 (10th Cir. 2013) (whether a tenant that surrendered the premises without repairing significant property damage as required by the lease can be deemed to have held over while landlord effects repairs so as to permit landlord to collect rent during that period):  http://scholar.google.com/scholar_case?case=16297268405506062242&hl=en&as_sdt=2&as_vis=1&oi=scholarr

Matt Festa

May 7, 2013 in Caselaw, Conferences, Scholarship | Permalink | Comments (0) | TrackBack (0)

Wednesday, April 24, 2013

Talking Energy in Minnesota

It's been a whirlwind of conferences for me this month. Two weeks ago I was at GW. Last week, we had a conference at Buffalo. Now, I am sitting in sunny but snowy Minnesota attending the 2013 Consortium Annual Conference, entitled "Legal & Policy Pathways for Energy Innovation."

My co-author Amy Morris (of Aspen Environmental) and I presented one of our current works-in-progress (yes we have three). This one we are currently calling Mitigating the Impacts of the Renewable Energy Gold Rush. In this paper, we take a close look at the mitigation being done in association with the large-scale solar projects in the California Desert. One of the challenges has been just to untangle all of the agencies and laws at play. We have been particularly concerned with the mitigation projects and methods. Projects are approved (and indeed construction often begins) before mitigation projects are finalized or land identified. And of course, the use of exacted conservation easements is prevalent throughout... something that always makes me nervous.

Most of the mitigation projects are about endangered species protection and our paper focuses on that aspect. Thus, we were  not too surprised when we were placed on a panel about endangred species and renewable energy (with Kalyani Robbins and Jeff Thaler). It was one of the more contentious academic (they've got nothing on the land trust folks) panel presentations I have been a part of. It was a lively discussion about whether it makes sense to protect endangered species if the protection will in any way hamper development of renewable energy projects. Most folks agreed that climate change is likely to have bigger impacts on endangred species and ecosystem health than renewable energy development is. This raises big questions about tradeoffs with renewable energy projects and even introduced proposals to amend the Endangered Species Act!

And things are only getting started. Conference organizer extraordinare Hari Osofsky tells us that the recordings and videos of the conference will be available. You should contact her to learn more.

Conference Summary

The Legal & Policy Pathways for Energy Innovation conference will bring together leading scholars, practitioners, policymakers, and business people to address current energy law and policy challenges, particularly at the intersection of environmental law and policy. The panels will focus on four primary topics: (1) clean energy infrastructure; (2) environmental and energy governance; (3) climate, energy, and environmental justice; (4) sustainable regions and communities.

- Jessie Owley

 

April 24, 2013 in California, Clean Energy, Climate, Conferences, Conservation Easements | Permalink | Comments (0) | TrackBack (0)

Friday, April 19, 2013

The Big Thaw: Policy, Governance and Climate Change in the Circumpolar North

We are just starting day two of a conference here at Buffalo on climate change in the artic. We have participants from many fields (coming in person and electronically). This conference is also our first try at broadcasting our conferences via webinar. This enables folks to participate from all over the globe (not just by passively listening but also offering real-time questions and comments). It also seems a great way to do CLE.

I am including the information on the  conference below in case any of you have some free time today and want to join the webinar. Also, the papers steming from the conference will be available in a SUNY Press book on the issue coming out next year.

Conference Summary:

The Big Thaw: Policy, Governance and Climate Change in the Circumpolar North will bring together experts in science, law, sociology, and other fields to explore the pressing issue of climate change in the arctic. Conference participants will deliberate on international, national, and local perceptions of environmental, cultural, social and economic change in the arctic, interweaving the contexts of policy, legal, local and scientific models. Through its core focus on time, space, change and movement, this conference seeks common measures to the time scales of lived human experience in the arctic and sub-arctic region in a warming world.

The circumpolar North is a critical observatory for changing relations between human societies and the environment, and the policies that should accompany such change. The arctic and the sub-arctic are at the center of global debates on post- Cold War partnerships and issues of
post-colonial governance, strategy and regional sovereignty. For political and other reasons, the circumpolar North has only recently reemerged as a "region," revealing past connections and current common problems, and pointing to future challenges. Experts will gather and share thoughts on how we arrived at the current situation(s), where exactly things stand, and where to go from here.

 

Jessie Owley

April 19, 2013 in Climate, Conferences, Scholarship | Permalink | Comments (0) | TrackBack (0)

Thursday, April 11, 2013

Talking Energy at GW

Greetings from George Washington Law School where the 2013 J.B. and Maurice C. Shapiro Conference is wrapping up. Entitled Laying the Foundation for a Sustainable Energy Future: Legal and Policy Challenges, there has been an impressive array of panelists from industry, governements, NGOs, and academia.

My co-athour Amy Morris (of Aspen Environmental Group) and I presented some of our work on the land use tradeoffs involved in renewable energy projects. We have been looking at these issues through the lens of solar projects in California, but the issues come up in many contexts. To give you some broad strokes of the project: In California, we see development of main types of projects--utility scale and distrbuted generation. The large utility-scale solar facilities in the California desert have been under heavy scrutiny and criticized for their potential impacts on environmental and cultural values. In an effort to avoid pristine desert ecosystems, agencies and environmental groups have been championed the use of distrubed lands. Such lands are not completely controversy-free either. As a threshold question, we have to figure out what lands should qualify as "distrurbed." In some cases, it may be that we are too quick to label something as disturbed. Generally though the big categories are brownfields, former landfills and mines, hardscapes (parking lots and rooftops), and marginal agricultural lands. I won't get into here, but trust me each of those categories has a host of issues surrounding its use.

I've been feeling a little out of my league as the land use lawyer in the midst of the energy experts but have learned a lot and have been impressed with GW's organization of the conference. I also really enjoy attending conferences in Washington DC where the audience is always filled with a great mix of people from agencies and nonprofits.

- Jessie Owley

April 11, 2013 in Agriculture, California, Clean Energy, Climate, Comparative Land Use, Conferences, Planning, Scholarship, Sustainability, Water | Permalink | Comments (0) | TrackBack (0)