Wednesday, August 31, 2011

SGA on Hazard Mitigation Post Irene

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.

August 31, 2011 in Community Design, Conferences, Federal Government, Planning, Smart Growth | Permalink | Comments (0) | TrackBack (0)

Friday, August 12, 2011

2011 Conference on Litigating Regulatory Takings

John Echeverria (Vermont) sends along the announcement for the 14th annual Conference on Litigating Regulatory Takings Claims:

The 14th Edition of the Conference on Litigating Regulatory Takings Claims will be held this year on November 18 on the GULC campus in Washington, D.C. The conference will be co-sponsored by Vermont Law School and Georgetown University Law Center. Additional co-sponsors include: American Planning Association, Planning and Law Division; International Municipal Lawyers Association; Maryland Municipal League; National Association of Counties; National League of Cities; National State Attorneys General Program at Columbia Law School; U.S. Conference of Mayors, and Virginia Municipal League.
 
Speakers include: Mark Barron, J. Peter Byrne, David Callies, Martin R. Cohen,
Steven J. Eagle, John D. Echeverria, Mark Fenster, Denise G. Fjordbeck,
Alexandra B. Klass, Robert Meltz, Thomas W. Merrill, J. Michael Ponder,
Joseph L. Sax, Christopher Serkin, Daniel L. Siegel, Gregory M. Stein,
A. Daniel Tarlock, and William M. Treanor.
 
Looks like a great lineup once again.  For more information, the conference website is http://www.vermontlaw.edu/Takings2011/.
Matt Festa

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

Calling All Filmmakers

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

August 5, 2011 in Conferences, Environmentalism | Permalink | Comments (0) | TrackBack (0)

Friday, July 22, 2011

National Building Museum: Public Memory of 9/11

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

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

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

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

Matt Festa

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

Thursday, July 21, 2011

ALPS 2012 Call for Papers

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

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

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

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

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

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

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

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

Matt Festa

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

Brigham-Kanner 2011 Property Rights Conference

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

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

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

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

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

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

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

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

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

The Conference program will explore the following panel topics:

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

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

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

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

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

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

Matt Festa

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

Wednesday, July 20, 2011

Owley & Rissman on Distributed Graduate Seminars

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

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

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

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

Matt Festa

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

Thursday, July 14, 2011

Healing Cities

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

 

July 14, 2011 in Community Design, Conferences, Smart Growth, Sustainability | Permalink | Comments (0) | TrackBack (0)

Tuesday, July 5, 2011

CFP: Connecticut Conference on Legal Solutions to Climate Change Adaptation

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,  
Hartford, CT

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  
adaptation
·         Rolling easements, ambulatory vs. fixed property lines
·         Ecosystem-based adaptation incentives via policy and legal  
approaches
·         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  
adaptation
·         Legal strategies or barriers to financing climate change  
resilience planning/implementation

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 seagrantresearch@uconn.edu  by September 30th.  Be sure to  
include your affiliation and contact information.

Matt Festa

July 5, 2011 in Beaches, Climate, Coastal Regulation, Conferences, Environmental Law, Property Rights, Scholarship, State Government, Sustainability | Permalink | Comments (0) | TrackBack (0)

Tuesday, June 21, 2011

Call for Proposals New Partners for Smart Growth Conference

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

June 21, 2011 in Conferences, Smart Growth | Permalink | Comments (0) | TrackBack (0)

Monday, June 13, 2011

Historic Moment for Land Use Clinics

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!IMG_20110505_165631[1]

 

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). 

Kat Garvey

 

June 13, 2011 in Conferences | Permalink | Comments (2) | TrackBack (0)

Saturday, June 4, 2011

CNU 19 Liveblog

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
  • Incremental Urbanism
  • 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
  • Tactical Urbanism
  • 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.

Matt Festa

June 4, 2011 in Conferences, DPZ, New Urbanism | Permalink | Comments (0) | TrackBack (0)

Thursday, June 2, 2011

Comparative Law Conference on Sustainability June 11th in Montréal

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. 

Kat Garvey

For the full agenda...

Continue reading

June 2, 2011 in Climate, Coastal Regulation, Comparative Land Use, Conferences | Permalink | Comments (0) | TrackBack (0)

Tuesday, May 24, 2011

Conference to Commemorate 40th Anniversary of "The Quiet Revolution in Land Use Control"

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.

Troy Rule

May 24, 2011 in Books, Chicago, Conferences, Environmentalism, History, Local Government, Planning, Scholarship, State Government | Permalink | Comments (0) | TrackBack (0)

Tuesday, May 10, 2011

More on Practically Grounded

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

May 10, 2011 in Conferences, Environmental Law, New York, Scholarship, Teaching | Permalink | Comments (0) | TrackBack (0)

Sunday, May 8, 2011

Practically Grounded Conference on Best Practices in Teaching Land Use

On Thursday Pace Law School hosted the conference Practically Grounded: Best Practices for Skill Building in Teaching Land Use, Environmental, and Sustainable Development Law.  John Nolon and Patricia Salkin organized this event to advance the discussion they started with their recent article Practically Grounded: Convergence of Land Use Law Pedagogy and Best Practices, published in the Journal of Legal Education (2011).  The conference was ably sponsored by the Pace Law School's Land Use Law Center for Sustainable Development and the Kheel Center on the Resolution of Environmental Interest Disputes; and Albany Law School's Government Law Center and the Center for Excellence in Law Teaching. 

The conference brought together a diverse group of people from across disciplines and the legal profession.  Among academics, there were land use and environmental law profs, as one would expect, but also a number of scholars who brought their particular expertise and experience in legal education and the best practices movement.  There was also some great participation from practitioners and students at the event.  A lot of great ideas were shared.  Here's a quick rundown of the presentations:

After the introduction by Profs. Nolon and Salkin, the first panel was an overview discussion of the context of skill and value teaching in law schools and a very helpful discussion of the (much-discussed but less-well-understood) Carnegie Report and Best Practices Report.  Mary Lynch (Albany Law, and also editor of the Best Practices for Legal Education Blog), Jill Gross (Pace), and Vanessa Merton (Pace) conducted this informative discussion along with a humorous role-playing excercise.

The next panel was "Clinics and Values."  Our own co-blogger Jamie Roskie (Georgia) presented "Values as Part of the Clinical Experience," exploring the role of values in student land use clinical work.  Michael Burger (Roger Williams) gave an interesting take on intrapersonal intelligence and advocacy in "Psychological Intelligence as a Lawyering Skill: Integrating Students' Values into Doctrinal Analysis of Environmental Law & Policy."

Panel 3 was "Stakeholders and Role Playing."  Karl Coplan (Pace), in "Teaching Environmental Law Skills Through Interest Group Role-Playing," blew many of us away with how extensively he uses role playing exercises in a capstone environmental law class.  Andrea McArcle (CUNY) spoke about her fascinating newly-designed course in "Learning in Context: Land Use and Community Lawyering."

The next panel was on "Research and Writing."  Dwight Merriam (Vermont Law; Robinson & Cole LLP) presented "Out of the Nest: Getting Students Published" from his intensive land use writing seminar.  Yours truly (South Texas) then spoke about "Research and Writing as Best Practices in Teaching Land Use."

The fifth panel featured two of our recent guest-bloggers on "Science and Other Disciplines."  Jessica Owley (Buffalo) discussed an innovative project called "Distributed Graduate Seminars," where six universities have cooperated to teach an interdisciplinary course on conservation easements.  Jon Rosenbloom (Drake) showed how he engaged his students in real local policy issues in "Now We're Cooking! Adding Practical Application to the Recipe for Teaching Sustainability."

Finally, we heard about "Problem Solving."  Michael Lewyn (Florida Coastal) discussed his approach to livening up a seminar course by getting students to see practical applications in "Experiential Learning through Field Trips and Seminars."  Keith Hirokawa (Albany) closed with "Teaching Law from the Dirt," which discussed his use of and class visit to a real local development project.

The papers were all very interesting, and will be published online in a forthcoming issue of the Pace Law Review.

This was a really enjoyable conference and, I think, a very important one too.  It was absolutely fascinating to learn about so much innovation and creativity that is actually taking place in (and outside of) our classrooms.  One of the common themes--proceeding from the organizers' Practically Grounded article--is that land use is uniquely suited to the application of the best practices movement.  But I think that any field could profit from a discussion like this.  It's a great time to be teaching land use. 

Matt Festa

May 8, 2011 in Conferences, Scholarship, Teaching | Permalink | Comments (1) | TrackBack (0)

Thursday, April 28, 2011

The Beach Rolls to Fort Worth: Severance Panel at Texas Wesleyan

It's Severance-palooza today on the Land Use Prof Blog, with Hannah Wiseman's great summary of the oral arguments at the recent rehearing of the Open Beaches Act case in the Texas Supreme Court, and the contribution in my previous post from Timothy Mulvaney.  Scroll down to the next two posts for that background and analysis.

But wait, there's more!  Prof. Mulvaney, who has done a lot of research on takings, including a piece on last year's Stop the Beach Renourishment, has been following Severance v. Patterson for a long time.  Last month he hosted a lively panel discussion on the case at Texas Wesleyan School of Law (ably sponsored by their Federalist Society and Environmental Law Society).  The participants were David Breemer, the attorney for plaintiff Carol Severance; Ellis Pickett, former chair of the Texas Upper Coast Chapter of the Surfrider Foundation; and yours truly.

Prof. Mulvaney spoke first and gave a helpful introduction to the case and the background of the legal issues.  Mr. Breemer, a principal with the Pacific Legal Foundation, gave his client's view of the case and argued vigorously that the state's interpretation of beach-access easement law is an unconstitutional interference with his client's property rights. 

I spoke a little bit about the Texas Supreme Court's initial opinion from November 2010, and also about the issue I focused on in my amicus curiae brief, which was (my view) that an easement must be proven up for each property through common law doctrines of dedication, prescription, or custom before we can even get to the question of whether it rolls. 

Mr. Pickett, whose Surfrider Foundation also filed an amicus brief (with which a former student of mine assisted in drafting), spoke passionately about the environmental costs of restricting the public interest in the beach.  He had lots of compelling pictures and even passed around the room a giant piece of twisted metal to make his point.  This was followed by a great Q&A session with the well-informed crowd.

What made it even more interesting is that when Prof. Mulvaney organized the panel, it was conceived as an after-action discussion of the November opinion.  It wasn't until just a couple of weeks beforehand that we all learned that the court had taken the unusual step of granting the rehearing.  By the way, you can read all of the briefs, including the amici, at the link from this post

It was a great event, and the other three participants have offered to give me a surfing lesson. The participants have all agreed to contribute to an upcoming issue of the Texas Wesleyan Law Review.

Here's the video!  [requires Real Player].  This video, plus Part 2, are also available at the Texas Weslayan web article on the event.

   

Matt Festa

April 28, 2011 in Beaches, Caselaw, Conferences, Environmentalism, Property Rights, Scholarship, Servitudes, State Government, Texas | Permalink | Comments (0) | TrackBack (0)

Thursday, April 7, 2011

Salkin on Practically Grounded Conference

Patricia Salkin has given me permission to re-post this message to the environmental law professors listserv:

In its late February article, entitled “As They Ponder Reforms, Law Deans Find Schools Remarkably Resistant to Change,” the Chronicle of Higher Education reported that law faculty use the “lecture-based model because it is cost-effective and convenient,” quoting Erwin Chemerinsky, Dean of University of California’s Irvine School of Law. In the same article, Dean Richard Matasar of New York Law School bluntly states, "[w]e're all old dogs trying to learn some new tricks, and all of us old dogs have got tenure and we're not going any place.”

John Nolon of Pace Law School and I conducted a teaching survey in the land use law area and found remarkable evidence showing change in teaching skills in recent years.  We suggest that the practical, emotionally-charged, interdisciplinary, and grounded nature of land use, as well as environmental and sustainable development law, make courses on these subjects ideal both for teaching skills and values and for integrating podium and clinical methods of instruction. (See Practically Grounded: Convergence of Land Use Pedagogy and Best Practices, Journal of Legal Education, Vol. 60, Number 3, February, 2011, at p. 519.)  Our survey shows that the trend toward teaching practice skills in traditional doctrinal courses is underway, at least in the land use classroom.

Deans and professors are focused on this issue in part because the American Bar Association is planning to add “student learning outcomes” to the process of accrediting law schools.  Drafting new rules for schools to follow has been delegated to the ABA’s Student Learning Outcomes Subcommittee.  This six-member group is charged with the controversial task of determining the rules that schools must follow to determine and measure the skills that law students should have upon graduation. For further information on these accreditation issues see The National Law Journal of Feb 22, 2011.

Albany and Pace Law Schools are sponsoring a conference on this topic. On May 5th, nearly a dozen land use and environmental law professors from law schools across the country will present their skills and values teaching models. Additionally, our resident experts will facilitate extensive discussions regarding best practices for teaching practice skills to students in upper division courses.  High on the list of discussion topics are the time practice teaching takes, class size issues, and the concern over lost doctrinal coverage.  Please click here for conference information if you are interested in attending.

Matt Festa, Jon Rosebloom, Jessica Owley and I are among the presenters.  We hope you'll join us.

Jamie Baker Roskie

April 7, 2011 in Conferences, Scholarship, Teaching | Permalink | Comments (0) | TrackBack (0)

Wednesday, April 6, 2011

Columbia Conference on Sea Level Rise

From Michael Gerrard at Columbia Law:

Center for Climate Change Law, Columbia Law School and The Republic of the Marshall Islands
invite you to attend an international academic conference:

THREATENED ISLAND NATIONS:
LEGAL IMPLICATIONS OF RISING SEAS AND A CHANGING CLIMATE

May 23 - 25, 2011
Columbia University
New York, New York

DAY ONE: THE STATUS QUO -- SHIFTING LEGAL OPTIONS IN A CHANGING WORLD

Scientific summary: How much time do we have?
Statehood and statelessness
Preserving marine rights: Fishing and minerals
Legal remedies

DAY TWO: WHAT CAN BE DONE TO HELP, AND HOW TO DO IT

Resettlement and migration issues
Existing legal structures
A new international convention?

DAY THREE: DOMESTIC OPTIONS FOR SMALL ISLAND STATES       

Engineering for the future
Law and policy choices

[Visit this link for] Further information, and registration to attend conference or to view live webcast.

Jamie Baker Roskie

April 6, 2011 in Climate, Coastal Regulation, Conferences, Environmental Justice, Environmental Law, New York | Permalink | Comments (0) | TrackBack (0)

Tuesday, April 5, 2011

Practically Grounded Conference

We've already blogged about the very exciting upcoming conference Practically Grounded – Embracing Skill and Values Teaching in Land Use, Environmental, and Sustainable Development Law Classes, May 5 at Pace.  The official brocure is now out--click the link for a full-size version, and please consult the website for more information and registration.  It looks like a great program, and I'm very much looking forward to it.

Download Practically Grounded

Matt Festa

April 5, 2011 in Conferences, Environmental Law, Scholarship, Sustainability, Teaching | Permalink | Comments (0) | TrackBack (0)