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 email@example.com.
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.
Thursday, July 14, 2011
I recently learned about the Healing Cities movement. From their website:
Healing Cities is an integrated approach to planning and design for the natural and built environment that values holistic health and wellness of people and ecosystems. It explores how to address planning processes and design of our living environments to keep us healthier and more whole.
The healing process in the human body is the ability to rebuild, repair and regenerate cells; regeneration in this case draws upon the body’s innate intelligence to heal itself. What would it then mean for a city to be “healed,” and what methods and processes would support cities to facilitate healing? Is it possible to have cities that then, in turn, can heal and take care of us?
They're also holding a conference in October in Vancouver, BC. While they're calling for "planners, developers, architects, transportation professionals, massage therapists, physicians, counsellors, energy healers, [and] spiritual leaders" to attend, presumably they wouldn't turn away land use profs!
Jamie Baker Roskie
Tuesday, July 5, 2011
From Prof. Sara Bronin, here's an announcement about an opportunity to participate in an upcoming conference. There is more information at the conference website.
Call for Papers:
“Legal Solutions to Coastal Climate Change Adaptation in Connecticut”
Conference Date: February 10, 2012
Conference Location: University of Connecticut School of Law,
Deadline for paper abstract submissions: September 30, 2011
Key Issues covered by the conference: The conference presentations and
discussions aim to enhance understanding and promote discussion of
cutting-edge policy and legal approaches to climate change adaptation
in coastal areas, with potential application to Connecticut.
Topics of Interest: We invite practitioners, academics, and students
in the field of law as well as others with expertise and interest to
submit a 2 to 3 page paper proposal that focuses on existing or
proposed innovative legal, policy and related incentive-based options
for climate change adaptation in coastal environments. We invite
papers that lay out the existing legal and regulatory structure in
Connecticut as well as in other states, identify gaps and obstacles in
these approaches, present innovative and environmentally sound
approaches to climate change adaptation and stimulate legal thinking
on legal and policy remedies to this issue of international
importance. All submitted papers must contain a legal, policy or
regulatory approach, solution or tool designed to facilitate climate
change adaptation in Connecticut.
Specific Topics: Topics of interest include, but are not limited to:
· Opportunities for and roadblocks to adaptation in existing
laws and policies; lessons from other areas:
· Interplay between the protection of public resources and
private property rights
· Using the CZMA and Coastal Management Act for climate change
· Rolling easements, ambulatory vs. fixed property lines
· Ecosystem-based adaptation incentives via policy and legal
· Land use planning, growth strategies and regulatory
approaches to climate change at the municipal and state levels
· Climate Justice and Adaptation Planning: Who bears the
burden? Who reaps the benefits?
· Legal approaches to emergency planning and changing hazards
· Adaptation Economics: the costs of adapting or not adapting,
who pays and when?
· Reactive versus proactive legal approaches to climate change
· Legal strategies or barriers to financing climate change
Publication of Papers: Submitted papers that are accepted for
presentation will be published in a special issue of the Sea Grant Law
and Policy Journal. How to Submit: 2 to 3 page paper proposals should be submitted via e-
mail to firstname.lastname@example.org by September 30th. Be sure to
include your affiliation and contact information.
Tuesday, June 21, 2011
From Roberta White at EPA:
The deadline for submitting session proposal ideas for the 11th Annual
New Partners for Smart Growth Conference is quickly approaching --
please submit your session ideas before the June 30th deadline. The
conference will be held February 2-4, 2012 in San Diego, CA.
The Call for Session Proposals (CFSP) Submittal Instructions and online
Submittal Form are available on the conference web site. All proposals
must be submitted using the online form under the link below. This
process should be used to submit any proposals for breakouts, workshops,
lightening rounds, trainings, tours, or networking activities. The CFSP
process is open until June 30, 2011.
To access the form and instructions, visit this website.
Jamie Baker Roskie
Monday, June 13, 2011
For the first time, all the nation's Land Use Clinics gathered in the same room. Jamie Baker Roskie blogged about this after the Sustainably Grounded Conference at Pace. Better a month late than never to post a picture. It was a great conference!
From the left Kat Garvey (Vermont Law Land Use Clinic), Jennie Nolon (Pace Land Use Law Center), Jamie Baker Roskie (University of Georgia Land Use Clinic) and Michelle Bryan Mudd (University of Montana Land Use Clinic).
Saturday, June 4, 2011
As many of you know, and hopefully some were able to attend, the Congress for the New Urbanism held CNU 19 over the past four days in Madison. I've seen a lot of interesting reports from the conference on Facebook (CNU is my "friend"!).
If you couldn't go--or even if you did--there is a great resource in the CNU 19 Liveblog. It recaps a lot of the interesting events and has some good links. Some of the highlights include:
Former Mayor (and current CNU Prez/CEO) John Norquist's view of Milwaukee
Ed Glaeser's plenary on his new book, Triumph of the City
Pedestrians and Cyclists
Reports on the various tours
Urban Stormwater discussion
Conservatives and the CNU
Link to the livestream video of the closing plenary with Andres Duany and Charles Waldheim
Good stuff there, and more at the CNU main website.
Thursday, June 2, 2011
Weekend in Montréal anyone? The McGill Faculty of Law and Vermont Law School present a joint cross-border conference on Sustainability: Achieving Environmental Sustainability in the Face of Climate Change.
For the full agenda...
Tuesday, May 24, 2011
The John Marshall Law School will be hosting a conference on its Chicago campus on September 20, 2011, to commemorate the 40th anniversary of publication of The Quiet Revolution in Land Use Control. The book’s two original authors, Fred Bosselman and David Callies, will speak at the event, along with Daniel Mandelker, Patricia Salkin, and other prominent scholars. Here are some excerpts from a news release posted at the law school’s website:
The Kratovil Quiet Revolution Conference will begin with an analysis of the impact of The Quiet Revolution in Land Use Control, a book that discussed the shift from local to regional planning, has had on our nation and land use policy. National speakers representing the states involved in The Quiet Revolution in Land Use Control will analyze how The Quiet Revolution unfolded in these jurisdictions. The afternoon will then analyze the future of land use policy and how this national issue will play out around the country…
…This national debate started with two scholars in Chicago, so it is a fitting site for a reexamination of this 40-year-old national debate and the legislation it produced. In 1971, the president's Council on Environmental Quality published The Quiet Revolution in Land Use Control. The book described in detail the innovative land use laws in nine states around the nation which returned the control of land use to a state or regional level, largely at the expense of local zoning. This was the "ancient regime" being overthrown. This constituted the "quiet revolution." Immensely influential (several thousand copies were purchased and distributed) in stimulating creative thinking by planners, lawyers, and public officials to solve difficult land use planning issues, the book also quickly became a fixture of courses in many university planning and law programs, as well as a handbook and sourcebook for state and local officials. Dozens of articles have been written about it, some recently. It remains a reading source in many courses taught today.
Tuesday, May 10, 2011
Just a quick follow up to Matt's post about the Practically Grounded conference last week. This was the first time I've been to (or presented at) a conference of this type. It was so interesting to hear how land use and environmental professors are really engaging their students in experiential and interdisciplinary learning in their doctrinal, clinical, and skills classes. I learned so much!
It was also a historic moment in that there were three land use clinicians in the same room. Michelle Bryan Mudd from University of Montana and Kat Garvey from Vermont joined us. There aren't many Land Use Clinics in the country, so I really enjoyed the opportunity to talk with them and get their perspective on running this type of clinic. Who knows, this might even lead to some inter-state collaboration down the road?
Pace University Law School plans a follow up journal edition to this conference, so that folks who weren't able to attend will be able to read the preceedings. Hopefully this is also the first of many conferences of its type to come.
Jamie Baker Roskie