Tuesday, March 20, 2012
David L. Markell (Florida State) has posted Climate Change and the Roles of Land Use and Energy Law: An Introduction, Journal of Land Use & Environmental Law, Vol. 27 (2012). It's the intro to a Symposium issue. The abstract:
The challenges posed by climate change are daunting and have spawned an enormous literature, indeed many literatures. The legal regimes that govern our use of land and energy have already been and will continue to be integral to the effort to devise effective responses. My aim in this introductory essay is to identify and review six aspects of climate change in an effort to capture some of the ferment that now exists as policy makers, scholars, and others wrestle with the challenges that climate change poses for extant legal regimes. I then briefly summarize the articles in this symposium volume.
Friday, March 2, 2012
Greetings from the 3d annual meeting of the Association for Law, Property & Society (ALPS) at Georgetown Law Center in DC. Day 1 was great, with a lot of very interesting presentations. Most importantly (for me), I'm done, so I can relax and enjoy tomorrow's panels. My co-bloggers Jim Kelly and Ken Stahl still have to present tomorrow! Lots of other esteemed colleagues are here to discuss their current research, as is appropriate for what has quickly become the premier conference for academic property and land use law.
If you couldn't make it but would like to see what's going on at ALPS this year, you can check out the conference program at the link.
Wednesday, February 1, 2012
From Heidi Gorovitz Robertson at CSU, an announcement for their upcoming symposium:
Cleveland-Marshall College of Law seeks proposals for presentations at Urban Agriculture: It’s Not an Oxymoron, Policies for Cultivating City Land and Increasing Access to Local Food, a symposium on law and policy issues connected to urban agriculture, land use, and the local food movement.
As the movement towards local food continues to grow, cities are finding that they must develop law and policies to allow for and regulate agricultural practices within urban communities. Many cities are implementing policies to increase urban food production through regulation, incentives, and more comprehensive land-use and public-health policies. Cities are doing so because they are recognizing that increasing agricultural land use can be a good answer to declining populations and an excess of abandoned or foreclosed properties. Cities are also recognizing that increasing access to local food can provide economic and public health benefits.
This symposium will explore the laws and policies that cities have implemented to increase local food production and access to local food. It will also address some of the benefits and challenges of implementing these policies. Finally, it will address the need to strengthen the urban, suburban, and rural food connection to move towards more sustainable and reliable local food production. All papers concerning these or related issues are welcome.
The symposium will take place in Cleveland, Ohio on April 20, 2012. C|M|LAW invites academics, practitioners, policymakers, and others to submit presentations or scholarly papers on related topics. A proposal for your paper or presentation, of no more than three pages, should be...submitted via the link below.
For more information about the symposium, please visit C|M|Law’s website.
Jamie Baker Roskie
Wednesday, January 18, 2012
Registration for the annual meeting of the Association for Law, Property, and Society--i.e., ALPS--ends tomorrow, Jan. 20. So give your paper topic one last edit and then by all means submit it and register for the conference.
ALPS has quickly become the very best academic conference for property, land use, and envrionmental law scholarship, and the collegiality is unmatched. Hope to see you there.
Michael Allan Wolf sends along information about the 11th Robert Nelson Symposium at the University of Florida School of Law: “Digging Up Some Dirt (Law): How Recent Developments in Real Property Law Affect Landowners and Local Governments.” From the description:
“Digging Up Some Dirt (Law): How Recent Developments in Real Property Law Affect Landowners and Local Governments” will welcome national and state experts to explore the impact on landowners and local governments of recent and proposed changes in the law of adverse possession, eminent domain, easements and mortgages.
Here is a link to the brochure. You can register at the website. Looks like a timely and interesting event with an excellent lineup of speakers, including Carol Brown (UNC), Ann Marie Cavazos (FAMU), Alex Johnson (UVA), Jessica Owley (Buffalo), and Professor Wolf (UF).
Saturday, January 14, 2012
From an email sent by Rick Su (Buffalo), the Chair of the AALS Section on State & Local Government Law, here is something that may be of interest to land users. The Section is already planning for the 2013 AALS meeting in New Orleans:
The tentative title is Cities in Recession. The program will look into the many ways that cities have not only been affected by, but are also responding to, the current economic downturn. This should provide a timely lens for exploring a wide range of local government issues, from municipal finance to education to economic development. In addition, it offers an opportunity to look at both distressed and resilient cities. The planning for this panel is in its early stages; I eagerly welcome any comments or suggestions that you might have (firstname.lastname@example.org).
Friday, January 6, 2012
Via Jessica Owley, news of an interesting upcoming conference at Buffalo:
Save The Date and Call for Papers
Wetlands Policy for the Next Generation
26-27 April 2012 at SUNY Buffalo Law School
Buffalo, New York
Beyond Jurisdiction: Wetlands Policy for the Next Generation will bring together academics from law and other fields to join advocates in an exploration of the future of wetlands law and policy from a variety of perspectives (normative, empirical, instrumental, etc.). As is true of many areas of law and social policy, the world of wetlands is inherently political and value-laden—the law is often be a poor means of accomplishing contested social objectives in this area. A debate sparked by U.S. Supreme Court decisions and related federal actions have focused wetlands scholarship and advocacy during the past decade on exploring the parameters of which “waters of the United States” fall under federal jurisdictional. Such concentration has detracted from scholarship and study of many other important issues related to wetlands policy, such as mitigation, the Tulloch rule, nationwide permits, local and state policy developments, international treaty obligations, and other matters. This conference is designed to broaden the focus of exploration and include voices of scholars, activists, scientists, media professionals, and others.
We welcome many voices to this discussion, and invite submissions on any related topic of legal, policy, or additional matters related to wetlands and other jurisdictional waters, including:
· Tulloch/discharge issues
· Ecosystem services
· State and local governance
· Permit processes (including nationwide and regional permits)
· Administration of the Clean Water Act
· International and transnational protections
Accepted papers will be published either in a special journal issue or as a chapter in an academic press book. You are invited to submit a paper abstract or presentation proposal of no more than 400 words by Monday, 13 February 2012 to http://baldycenter.info/cgi-bin/applications/rfp.cgi <http://baldycenter.info/cgi-bin/applications/rfp.cgi> .
For more information, contact Kim Diana Connolly at email@example.com or 716-645-2092
Wednesday, October 12, 2011
Patricia Salkin (Albany) and Daniel Gross (Albany) have posted International Comparative Property Rights: A Cross-Cultural Discipline Comes of Age. The paper is being given this weekend at the Brigham-Kanner Conference, which is being held in Beijing this year. The abstract:
This article provides an overview of the differences and similarities among a select group of nations through an examination of their real property protection regimes. The countries selected – South Africa, India, Chile, Singapore and Ghana – were chosen to illustrate how geographical, social, and economic diversity all contribute to different property rights cultures and legal approaches. Part II of this article examines general international or global factors that affect property rights. Part III offers a focused look at the historical and cultural development of property rights in the five selected countries. Part IV follows with a discussion of some of the domestic factors present in these five different countries that contribute to or influence the development and enforcement of different property rights regimes. The article concludes in Part V with a discussion about the importance of understanding the property rights regimes in other countries to better enable practitioners to provide responsible legal counsel to clients.
This one looks really interesting for those who are looking at comparative perpsectives. There have been a lot of land use and property related articles posted recently (I think we're probably two articles behind just on Prof. Salkin's recent work!)-- we'll be bringing them to you soon . . . and if you have an article that you'd like us to post about, let us know.
Friday, October 7, 2011
It's hard to believe, but we're already in the thick of the season of calls for participation for next year's academic conferences. Here's a few conferences that I recommend, with links to their registration pages:
Law and Society Association: June 5-8, 2012, Honolulu, Hawaii. CFP deadline: Dec. 6, 2011.
Association for the Study of Law, Culture, and Humanities (ASLCH): March 15-17, 2012, Texas Wesleyan, Fort Worth, Texas. CFP Deadline: Oct. 15, 2011.
Association for Law, Property, & Society (ALPS): March 2-3, 2012, Georgetown Law, DC. Registration deadline: Jan. 20 (early bird Nov. 15, 2011).
Southeastern Association of Law Schools (SEALS): July 29-Aug. 4, 2012, Amelia Island Ritz-Carlton, Florida. CFP deadline: Oct. 31, 2011.
Northeast Regional Scholarship and Teaching Development Workshop: Feb. 3-4, 2012, Albany Law School, New York. Registration deadline: Nov. 15, 2012.
I've been to each of these gigs in the past, and they've been tremendously helpful to me as a scholar and teacher. It's also been my personal experience that these conferences in particular tend to be accessible and hospitable for junior scholars--including junior faculty, grad students, VAPs/fellows, and practitioners. These conferences (ALPS excepted) are not land-use-specific, but there are usually more than enough property/land use/environmental folks as well as interesting interdisciplinary panels. There's nothing as helpful as the chance to present your work, share ideas, and meet others in the field.
Monday, October 3, 2011
Ilya Somin (George Mason) has posted Let there be Blight: Blight Condemnations in New York after Goldstein and Kaur, part of a February 2011 symposium “Taking New York: The Opportunities, Challenges, and Dangers posed by the Use of Eminent Domain in New York”, and published at 38 Fordham Urban Law Journal 1193 (2011). The abstract:
The New York Court of Appeals’ two recent blight condemnation decisions are the most widely publicized and controversial property rights rulings since the Supreme Court decided Kelo v. City of New London. In Kaur v. New York State Urban Development Corp., and Goldstein v. New York State Urban Development Corp., the Court of Appeals set new lows in allowing extremely dubious “blight” condemnations. This Article argues that the New York Court of Appeals erred badly, by allowing highly abusive blight condemnations and defining pretextual takings so narrowly as to essentially read the concept out of existence.
Part I briefly describes the background of the two cases. Goldstein arose as a result of an effort by influential developer Bruce Ratner to acquire land in Brooklyn for his Atlantic Yards development project, which includes a stadium for the New Jersey Nets basketball franchise and mostly market rate and high-income housing. Kaur resulted from Columbia University’s attempts to expand into the Manhattanville neighborhood of West Harlem. When some of the landowners refused to sell, Ratner and the University successfully lobbied the government to declare the land they sought to be blighted and use eminent domain to transfer it to them.
Part II addresses the issue of blight condemnation. Goldstein and Kaur both applied an extraordinarily broad definition of “blight” that included any area where there is “economic underdevelopment” or “stagnation.” In addition, the court opened the door for future abuses in three other, more novel, respects. First, it chose to uphold the condemnations despite evidence suggesting that the studies the government relied on to prove the presence of “blight” were deliberately rigged to produce a predetermined result. Second, it dismissed as unimportant the fact that the firm which conducted the blight studies had previously been on the payroll of the private parties that stood to benefit from the blight condemnations. Finally, the court refused to give any weight to extensive evidence indicating that Ratner and Columbia had themselves created or allowed to develop most of the “blight” used to justify the condemnations. The court’s approach opens the door to future abusive condemnations and violates the text and original meaning of the New York State Constitution.
Part III discusses Goldstein and Kaur’s treatment of the federal constitutional standard for “pretextual” takings. In Kelo and earlier decisions, federal courts made clear that “pretextual” takings remain unconstitutional despite the Supreme Court’s otherwise highly deferential posture on “public use.” Unfortunately, the Supreme Court has been extremely unclear as to what constitutes a pretextual taking. As a result, courts have taken widely differing approaches to the issue. Nevertheless, Kaur and Goldstein are outliers in this area, deferring to the government more than almost any other court that has addressed the question since Kelo. They virtually read the concept of pretext out of existence.
Looks like another insightful piece on this still-controversial subject.
October 3, 2011 in Caselaw, Conferences, Constitutional Law, Development, Eminent Domain, New York, Property Rights, Redevelopment, Scholarship, State Government, Takings | Permalink | Comments (0) | TrackBack (0)
Monday, September 26, 2011
The students at University of Oregon are seeking panel suggestions for their annual Public Interest Environmental Law Conference. Submit your panel ideas here. For more details on the conference, which is March 1-4, 2012, visit this page. And details about previous conferences are available here.
Thanks to John Bonine for the heads' up.
Jamie Baker Roskie
Friday, September 23, 2011
From the Better-Late-than-Never Dept. comes this announcement of a three-day conference at the Notre Dame School of Architecture celebrating Seaside at 30: Lessons from the First New Urbanist Community and the Future of Traditional Town Building. Here's the description:
The conference will examine the successes and failures of Seaside, Fla., by bringing together the architects, planners and builders who created it. By examining the founding of this seminal work in the history of urban design—the planning, the creation and testing of the code, and early building designs, experts will address the ongoing influence of Seaside today and look to the future of the New Urbanism movement.
Seaside is an unincorporated master-planned community on the Florida panhandle between Panama City Beach and Destin. The town has become the topic of lectures in architectural schools and housing-industry magazines, and is visited by design professionals from all over the world. It was also the setting for the 1998 satirical film “The Truman Show.”
Robert Davis, Seaside founder and developer; Andrés Duany, Seaside’s first architect and town planner; and Léon Krier, architect and master-plan consultant, will deliver keynote addresses at 5 p.m. Thursday in 104 Bond Hall. It will be followed by the launch of the Seaside Research Portal, an online resource for students and enthusiasts of architecture, urban design, planning and real estate that will serve as a digital archive of Seaside featuring maps, plans and images in a variety of media.
Friday’s presenters include Dhiru Thadani, a practicing architect, urban designer, educator and author of “The Language of Towns & Cities: A Visual Dictionary;” Scott Merrill, principal, Merrill, Pastor & Colgan Architects; and Christopher Leinberger, a land-use strategist, developer, researcher and author.
Saturday’s presenters include Elizabeth Plater-Zyberk, a partner in the firm Duany Plater-Zyberk & Company and dean of the University of Miami School of Architecture; Daniel Parolek, a 1995 Notre Dame graduate, architect and urbanist committed to creating walkable, sustainable places; and Marianne Cusato, a 1997 Notre Dame graduate well known for her work on the Katrina Cottages and ranked the No. 4 most influential person in the home building industry in Builder magazine’s annual “Power on 50” list.
The conference is open to the public. Although on-site registration is available, reduced-cost pre-registration ends Sept. 27th.
Monday, September 12, 2011
I occasionally post blatently non-land use related posts, and here I go again... I am delighted to announce that I will be co-facilitating a half day CLE on mindfulness and lawyering here in Athens on October 13th. Here's a description created by my co-facilitator, mindfulness teacher Mike Healy:
Explore and understand how stress affects the body and mind. Learn mindfulness practices that can reduce your stress and enhance professional effectiveness – practical tools that will enrich your practice of law.
Ancient wisdom and modern medicine are blended in this workshop, creating one of the most effective programs available today for enhancing competence in the practice of law and enabling healthy living. Learn how mindfulness can:
Increase professional competence through better management of stress
Identify unique aspects of law practice that can trigger stress
Assist in dealing with professional responsibilities and ethics
I believe strongly that mindfulness can make us better lawyers (or teachers) and so in that tangential way it's related to land use prof'ing (and lawyering).
If you're interested in learning more, or in registering, visit Mike's web page here.
And if you're not in Athens but you're interested in this type of training, visit the website of the Center for Contemplative Mind in Society's law program.
Jamie Baker Roskie
Wednesday, August 31, 2011
From the Smart Growth America website, news about an ironically timely meeting:
Can smart growth help communities avoid the catastrophic impacts of flooding? The National Oceanic and Atmospheric Administration (NOAA) and the U.S. Environmental Protection Agency (EPA) brought together designers, land use planners, engineers and policy wonks at NOAA’s Silver Spring headquarters last week to examine this question, and to find commonalities and tensions between hazard mitigation techniques and smart growth principles.
Read the rest of the article here.
Friday, August 12, 2011
John Echeverria (Vermont) sends along the announcement for the 14th annual Conference on Litigating Regulatory Takings Claims:
August 12, 2011 in Climate, Coastal Regulation, Conferences, Constitutional Law, Eminent Domain, Environmental Law, Environmentalism, Judicial Review, Planning, Property Rights, Scholarship, Takings | Permalink | Comments (0) | TrackBack (0)
Friday, August 5, 2011
The University of Georgia, Odum School of Ecology EcoFocus Film Festival is currently accepting submissions for their March 2012 Festival:
EcoFocus is a small festival that emphasizes environmental outreach and the potential of your film to inspire awareness and action among festival participants. For that reason, we select fewer films than the larger film festivals, but we work to maximize the impact of your film. EcoFocus is open to any genre or any style of film, and we welcome a variety of environmental subjects - climate, water, energy, agriculture/food systems, environmental restoration, green development and urban planning, biodiversity, advocacy, human impacts, lifestyle change, policy, natural resource scarcity, natural history, etc. We seek films that promote awareness, discussion, and inspiration among our audience members.
Find submission details at their website.
Jamie Baker Roskie
Friday, July 22, 2011
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.
Thursday, July 21, 2011
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
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!
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 firstname.lastname@example.org.
Dean Douglas’s video message: http://www.youtube.com/watch?v=f64MYI3bs9A&feature=player_embedded
The Brigham-Kanner Conference always has a great lineup of participants, and this year it goes global!
Wednesday, July 20, 2011
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.