Friday, September 5, 2014

A big thank you to John Travis Marshall and Ryan Rowberry

On behalf of all the editors here, I wanted to thank John Travis Marshall and Ryan Rowberry for their great blogging in August.  Both provided great new perspectives, a variety of voices, and are welcome back at the blog any time.

Stephen R. Miller

September 5, 2014 | Permalink | Comments (0)

U.S. Mayors' Climate Protection Agreement revised to add resiliency focus

In 2005, the U.S. Conference of Mayors launched the U.S. Mayors’ Climate Protection Agreement, a landmark pledge by mayors from all across the country to take local action to reduce carbon emissions from city operation and by the community at large, consistent with the goals of the Kyoto Protocol. More than 1060 mayors signed the Agreement.  

In June, 2014, that Agreement was updated primarily to add a section seeking a new focus on urban resiliency.  A copy of the new Agreement is here.  A copy of the press release is here.  

The U.S. Conference of Mayors is now asking mayors across the country to sign on to the new Agreement.  Perhaps now is the time to check and see if your local mayor has done so and, perhaps, offer a nudge to implementation, as well.

Stephen R. Miller

September 5, 2014 | Permalink | Comments (0)

Free AESS Webinar on Sustainable Development Goals on Monday the 8th

The Association for Environmental Studies and Sciences (AESS) is offering a free webinar next Monday. Looks like a good way to spend your lunch hour.

UN Sustainable Development Goals Setting Agenda for Sustainability in the U.S. and Globally

September 8, 2014 

12:00pm to 2:00pm EST
(presentation from 12:00-12:45 followed by a Q&A and discussion period)

About the Webinar

The webinar presentation and moderated discussion will introduce and discuss the Sustainable Development Goals which were released in the July 19th, 2014 consensus Outcome Document negotiated by the Open Working Group on Sustainable Development Goals (SDGs). This Outcome Document will be considered by the UN General Assembly in the fall 2014, and has the potential to set national and international agendas for sustainability. The webinar and discussion will explore goals for agriculture, biodiversity, climate, energy, water, and sustainable consumption and production, and how these might be implemented in the US, North America and Europe. It will also focus on how the SDGs may affect the global development agenda, and drive public and private finance and partnerships in developed and developing countries.

September 5, 2014 | Permalink | Comments (0)

New Property Law Journal: JLPS

The Association for Law, Property, and Society (ALPS) just published the first issue of its new journal. The Journal for Law, Property, and Society is an open source peer edited journal is starting with a bang with a piece by Joe Singer. We here at Land Use Profs are all big fans of the ALPS conference and are excited to see what this new journal has in store.

September 5, 2014 | Permalink | Comments (0)

Thursday, September 4, 2014

A Novel Strategy For Holding Banks Accountable for Blight

Moving to the Chicago area after reading about its land use history from afar for decades is like watching the first half of a particularly engrossing movie and then suddenly finding myself thrust into the world on the screen, immersed in the place and surrounded by its characters going about their lives.  For that reason, readers of this blog can look forward to several posts inspired by Chicago and its environs from me this month.  

The starkest example of continuity between past and present is in the role of banks in Chicago’s housing segregation and current neighborhood revitalization efforts.   There’s a lot to say about this, so my inaugural post is a two-parter.

Racial Dot Map, ChicagoChicago’s history of housing segregation has always been inextricably linked to institutional factors, including the lack of viable financing options for black homeowners.  I remember first learning about the role of the federal government and the banks in perpetuating neighborhood segregation and decline way back in law school, from Kenneth Jackson’s Crabgrass Frontier and Douglas S. Massey and Nancy A. Denton’s American Apartheid.  More recently, Ta-Nehesi Coats, in his Atlantic article "The Case For Reparations," vividly details the process by which a lack of bank financing led black families to transact with unscrupulous contract sellers, resulting in wealth for the contract financiers and poverty and decline for the families and neighborhoods affected.  (Despite the controversy engendered by the article's title and thesis, those sections are going to become required reading for my next Property class.  Nothing I've read better illustrates the trap of contract loans.)  [Image Credit: 2010 Racial Dot Map, Chicago detail.  Copyright, 2013, Weldon Cooper Center for Public Service, Rector and Visitors of the University of Virginia, (Dustin A. Cable, creator)].

As it turns out, the overwhelming influence of banks in shaping neighborhoods continues today.  For example, as in many areas of the country, many neighborhoods in Chicago are struggling to deal with the blight caused by vacant houses, including so-called “zombie houses” -- vacant houses for which banks have filed but not completed the foreclosure process, which neither the absent owners nor the banks maintain, making them magnets for crime.  The Chicago Reporter's Angela Caputo wrote an excellent story on this problem earlier this year, focusing on the heroic efforts of neighborhood groups in reclaiming one such house in a predominantly black and Latino stretch of Chicago’s Southwest side.

Zombie Houses ChicagoOf course, Chicago is far from alone in struggling with this persistent effect of the foreclosure crisis.  States and municipalities nationwide have responded in various ways, including by enacting legislation requiring banks to register vacant properties and imposing stricter penalties for a failure to maintain those properties (though they may find it difficult to actually collect the fines.)  Banks object to laws imposing liability on them for properties they do not own, arguing that until foreclosure is completed, maintenance of the property is the responsibility of the borrower.  But properties can remain in “zombie” status for years, including long after the original homeowner has left.  As the Chicago Reporter graphic at left shows, in Chicago alone, over 3,000 foreclosure fillings initiated in 2008-2011 were yet to be closed by the end of 2013.

Other jurisdictions have sued banks demanding they maintain blighted buildings, or have boarded up the buildings at taxpayer expense then sued the banks to recoup the costs. In Chicago, according to Caputo,  "Chicago taxpayers have spent $36 million boarding up and knocking down blighted buildings during the past three years. Banks have kicked in very little to clean up the foreclosure mess. The city has recouped only $453,000 toward the cost over that time."

Not surprisingly, the resulting disrepair and neglect affect some neighborhoods more than others.  From Caputo's article:  “We found that when banks had properties in good areas, they kept them nice, secure and neat,” says Deputy Corporation Counsel Judy Frydland. “In, let’s say, not-so-nice areas, that wasn’t the case.”

Chicago neighborhood groups that are fighting to rid their areas of dangerous vacant properties want the City to pressure the banks in a different way: by denying the banks access to the billions of dollars in business that flow through the City government every year.

 Caputo again:

Roughly half of the vacant properties are linked to six banks—Bank of New York, US Bank, Bank of America, Wells Fargo, JPMorgan Chase and Deutsche Bank….Each of these banks does business with City Hall. Since the housing market collapsed in 2008, they have managed $1.4 billion worth of taxpayer money as depositories or provided credit or debt services, according to city payment records.
Some suggest that City Hall should treat banks like it does other scofflaws and cut off the flow of public business when they are in violation of vacant property maintenance laws.

Not surprisingly, the community group that approached City Hall with this novel and radical proposal was told that the idea was a non-starter.  A state or municipality's refusal to transact with banks as long as they are in violation of the law would certainly get the banks' attention; presumably, this would come at a cost that municipal leaders are unwilling to consider.

That led me to wonder: have any other jurisdictions attempted this technique, threatening to stem the flow of governmental business to banks that own or have filed foreclosure on dangerous vacant homes while failing to adequately address neighborhood blight that their actions have caused?  If you know of any, I’d love to hear about it.

Meanwhile, individuals and neighborhood groups labor mightily to reclaim and restore empty homes.  Tomorrow I’ll talk about some of the barriers faced by those who do wish to purchase and fix up properties in distressed neighborhoods.  Spoiler alert: the banks don’t come off very well in tomorrow’s post either.

H/T to Christine Wachter for leading me to this story, and thanks to the Chicago Reporter for permission to print the accompanying graphic.

~Celeste Pagano

September 4, 2014 | Permalink | Comments (2)

Do you know a land use prof who has been ice bucket challenged? Send us the video!

Land use profs are not immune from the ALS Ice Bucket Challenge; well, at least this one isn't.  See video below.  Any other land use profs out there who recently had ice water poured over them?  We want the video!

ALS #icebucketchallenge Boise Faculty | University of Idaho College of Law from U-Idaho College of Law on Vimeo.

Stephen R. Miller

September 4, 2014 | Permalink | Comments (0)

Call For Papers: Rethinking the Role of Law in Urban Planning, Policy & Development

I just received this interesting call for papers that looks to be right up our alley. This journal (peer reviewed and published by MIT) is not one that I regularly read, but glancing at their past issues reveals some interesting projects and questions.

Rethinking the Role of Law in Urban Planning, Policy and Development
Projections (Vol. 12)
Department of Urban Studies and Planning, MIT
Due date for abstracts: 30th of October 2014

It is well recognized that Law has played an important role in institutionalizing the field of Planning, as well as in shaping the processes of urban development. The engagement of planning academia with legal scholarship has, however, largely been limited to issues of zoning, development controls, and other aspects of land use, though planners’ interventions are no longer confined to these domains. Planners’ understanding of law has artificially restricted itself to linear and single-scale approaches, instead of considering urban planning in a global legal frame. Moreover, planners have not fully engaged with established traditions of legal analysis such as socio-legal studies, legal realism, critical race and feminist legal theory, and a variety of non-European critiques. Instead, planners’ engagements with Law have typically followed the liberal model which conflates legal doctrine with the complex relationship between Law and social processes. Liberal legalism has been, for example, particularly ill-suited to understand the rapid expansion of the informal sector in urban settings, both in developed and in developing societies.

The new issue of Projections, the journal of the Department of Urban Studies and Planning (DUSP) at the Massachusetts Institute of Technology (MIT), will attempt to channelize attention to the role of Law in the planning academy. By bringing new perspectives and methods of legal analysis into urban planning scholarship, it will seek to bring Planning and Law in closer conversation with each other, and encourage critical traditions in each to dialogue with each other. Scholars and practitioners of Law, Planning, Geography and other social sciences are invited to submit abstracts of articles proposed for publication in this volume of Projections. The editors of this volume welcome articles containing empirical research as well as essays that delve into theoretical questions on the role of Law in urban planning. The editors are also particularly interested in insights from regions of the world that have been otherwise under-represented in planning scholarship, and modes of legal analysis that contest the Euro-centrism inherent in both Law and Planning.

The scope of this volume includes, but is not limited to, heterodox legal analysis on topics related to processes of urbanization such as:

a) tenure security in informal settlements;
b) governance of land and displacement;
c) decentralization and local governments;
d) urban labor market institutions;
e) urban poverty alleviation programs;
f) special economic zones and international trade;
g) housing mortgage market and other financial institutions;
h) infrastructure (water, electricity, transportation and waste management);
i) human rights and urban planning including the right to the city;
j) mega-events and international tourism; and
k) crime, violent conflict and urban policing.

Authors interested in publishing their articles in this volume are requested to email the student editor an abstract of about 300-600 words. Any further enquiries on the scope of the volume may be directed to Karthik Rao-Cavale (

Due date for abstracts: 30th of October 2014

Notification to selected authors: 15th of November 2014

Full Papers due: 15st of February 2014

Results of Peer review: 28th April 2015

Publication date (tentative): Summer/Fall 2015

Student Editor: Karthik Rao-Cavale (
PhD Candidate, Department of Urban Studies and Planning
Massachusetts Institute of Technology

Faculty Advisor: Balakrishnan Rajagopal (
Associate Professor of Law and Development, Department of Urban Studies and Planning
Massachusetts Institute of Technology

Editorial Board of Volume 12
Gabriella Carolini (Massachusetts Institute of Technology)
Marie Huchzermeyer (University of the Witwatersrand)
Peter Marcuse (Columbia University)
Partha Chatterjee (Columbia University)
Susan Silbey (Massachusetts Institute of Technology)
Eran Ben-Joseph (Massachusetts Institute of Technology)
Boaventura de Sousa Santos (University of Coimbria)
Antonio Azuela (Universidad Nacional Autónoma de México)

September 4, 2014 | Permalink | Comments (0)

October 24: Texas A&M Law symposium: A Review: Peter Gerhart’s Property Law and Social Morality

From Tim Mulvaney:


The Journal of Real Property Law invites you to its 4th annual symposium,

“A Review: Peter Gerhart’s Property Law and Social Morality,”

at Texas A&M University School of Law

on October 24, 2014 from 8:00 A.M. - 2:00 P.M.

CLE Credit Pending


This symposium is dedicated to Peter Gerhart’s development of a single theory to ex- plain the relationship between common and private property and how that relationship is defined by social customs.

The symposium will address both the theoretical underpinnings of Gerhart’s work and the real-world application of the ideas Gerhart sets forth. Substantive ideas shall include but are not limited to, nuisance law, environmental regulation, and the takings power.

Panelists Include:



University of Akron School of Law



George Mason University School of Law



Case Western Reserve University School of Law



Louisiana State University Paul M. Herbert Law Center



Marquette University Law School



Vanderbilt Law School



Cornell University Law School

The law school is honored to welcome these panelists, as well as Tony Buzbee, Esq., Managing Partner of The Buzbee Law Firm in Houston, TX, and member of the Texas A&M University Board of Regents, who will deliver the symposium’s keynote address.


September 4, 2014 | Permalink | Comments (0)

Wednesday, September 3, 2014

Pace Law's 2014 Land Use and Sustainable Development Conference - December 5

Land Use and Sustainable Development Law Conference
Transitioning Communities

The Pace Law School Land Use Law Center is pleased to announce the theme of its 2014 Land Use and Sustainable Development Conference - Transitioning Communities.  The Conference will discuss topics and challenges that municipalities in the region are being faced with, such as the changing demographic pattern, changing community needs, the impact of a shrinking or growing pattern of development, and transitions between community environments - the suburban/rural-urban interface. The Conference will also highlight how communities are transitioning towards sustainability, disaster recovery, and revitalization. We will aim our sessions at addressing the needs of communities already in transition, as well as the idea of how to proactively transition communities toward something new. We invite you to spend the day at this educational event, with more than 250 attorneys, business professionals, and local leaders in attendance to learn about national, regional, and local innovations, challenges, and best practices.

There are several interesting sessions on the schedule, and we recently confirmed that Mitchell Silver, NYC Parks Commissioner; Past President, American Planning Association; Former Raleigh Chief Planning Officer; and City Innovator and Kaid Benfield, Special Counsel for Urban Solutions, Natural Resources Defense Council, will be our keynote speakers.

Conference participants can earn CLE, APA-CM, and New York State planning and zoning training credits.

We hope you can join us for this day-long event scheduled for December 5, 2014 at Pace Law School in the NYS Judicial Institute building.

There is additional information available on our conference page.

September 3, 2014 | Permalink | Comments (0)

Tuesday, September 2, 2014

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

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

Managing New York Ocean Resources:  Connecting Science and Policy

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

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

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

Appalachian Public Interest Environmental Law (APIEL) Conference

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

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

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

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

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

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

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

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


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

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

Mulvaney: Progressive Property Moving Forward

Tim M. Mulvaney (Texas A&M) has just posted, Progressive Property Moving Forward, which will appear in an upcoming edition of the California Law Review Circuit.  Here is the abstract:

In his thought-provoking recent article, "The Ambition and Transformative Potential of Progressive Property," Ezra Rosser contends that, in the course of laying the foundations of a theory grounded in property’s social nature, scholars who participated in the renowned 2009 Cornell symposium on progressive property have “glossed over” property law’s continuing conquest of American Indian lands and the inheritance of privileges that stem from property-based discrimination against African Americans. I fully share Rosser’s concerns regarding past and continuing racialized acquisition and distribution, if not always his characterization of the select progressive works he critiques. Where I focus in this essay, though, is on the fact that, in the course of articulating his claim that these select progressive works have failed to attend sufficiently to matters of acquisition and distribution, Rosser wavers on whether a system of private property has the very capacity to play even a small part in fostering meaningful progressive change. 

After setting forth my understanding of Rosser’s contribution in the first part of the essay, I use the remaining pages to express slightly more confidence than does Rosser in property’s potential to serve a role in furthering a progressive society. If property is to serve in this role, however, I suggest that it seems important to redesign and reinterpret it in accord with three themes — transparency about property rules’ value-dependence, humility about the reach of human knowledge and the mutability of our normative positions, and a concern for the socioeconomic identities of those affected by resource disputes — themes that underlie a broader set of writings than Rosser considers within the contours of “progressive property scholarship” and on which I offer some very preliminary impressions.


September 2, 2014 | Permalink | Comments (0)

Vermont / Georgetown / UC Davis takings conference - September 19 in Davis, CA

On September 19, 2014, Vermont Law School, Georgetown University Law Center, and UC Davis Law School are hosting the 17th Annual Conference on Litigating Takings Challenges to Land Use and Environmental Regulations, in Davis, California.  Details available at

From the event website:

This conference explores the regulatory takings issue as it relates to land use and environmental regulation. In addition to offering a basic education in modern takings law, the conference brings together a diverse group of leading scholars and experienced practitioners to discuss cutting-edge issues raised by recent decisions and pending court cases. Some of the topics to be discussed include the practical implications of the Supreme Court's 5 to 4 decision in Koontz v. St. Johns Water Management District for state and local government land use standards and procedures. The conference will also address the potential effects of the Supreme Court's decision in Marvin M. Brandt Revocable Trust v. United States on the Rails to Trails program in the western United States. National experts will also discuss the new, hotly contested idea of using the eminent domain power to take over underwater residential mortgages. Other major topics will include the potential takings issues associated with water management and possible takings claims that may arise from efforts to adapt to climate change.

September 2, 2014 | Permalink | Comments (0)

Monday, September 1, 2014

Introducing Guest Blogger Sarah Adams-Schoen

This month we welcome Sarah Adams-Schoen to our ranks for a visit. Sarah Adams-Schoen is an Assistant Professor of Law and the Director of the Institute on Land Use & Sustainable Development Law at Touro Law. She has a B.A., from Sarah Lawrence College, a M.Sc. from the London School of Economics, and a J.D., from Lewis & Clark Law School, where she previously taught Legal Analysis and Writing, Energy Law and White Collar Criminal Law. Before that, she worked as a senior policy analyst for Portland, Oregon’s Metro Regional Government, a criminal defense attorney for Janet Hoffman & Associates, and a civil and regulatory litigator at Stoel Rives. Professor Adams-Schoen is currently the co-editor-in-chief of Municipal Lawyer, a publication of the New York State Bar Association, and an associate editor of Legal Communication & Rhetoric: JALWD. Her diverse research interests include environmental law, environmental criminal law, land use, and sustainability.

September 1, 2014 | Permalink | Comments (0)

Willamette Law now offering summaries of Oregon Land Use Board of Appeals decisions and orders online

Jeff Litwak (Columbia River Gorge Comm'n) sends the following news:

Last month, Willamette Law Online began summarizing decisions and orders of the Oregon Land Use Board of Appeals and making them available through its WLO subscription service.  WLO provides an email to the subscriber with generally well written summaries.  The link is  This is a terrific resource for folks nationally that are interested in Oregon’s unique land use system.  

I noodled around the website and it seems like a great resource, including links to opinions, as well as summaries.  The subscription service is a nice touch, too, as you don't have to remember to go and check the site--the summaries just appear in your inbox. 

Stephen R. Miller 

September 1, 2014 | Permalink | Comments (0)

Introducing Guest Blogger Celeste Pagano

Sepetmeber is here and that means our guest bloggers are rotating. We heartily welcome Celeste Pagano to the Land Use Profs Blog for a stint. Celeste Pagano is a Visiting Research Fellow at DePaul University College of Law. She held previous positions at Florida Coastal School of Law, Oklahoma City University School of Law, and Temple University’s Beasley School of Law. She is a Phi Beta Kappa and honors graduate of the University of California at Berkeley. She received her J.D. in 2000 from Harvard Law School. She also has more than six years of private practice experience as a commercial real estate attorney, specializing in the financing and development of multifamily affordable housing. She practiced in Boston and Houston. Pagano’s areas of expertise include land use, housing, and public-private partnerships. She has taught various land use, property, and environmental law related courses. She has written on toll road privatization, DIY Urbanism, and rolling easements. All issues that I expect our readers would love to hear more about.

September 1, 2014 | Permalink | Comments (0)

Land use articles posted to SSRN in August

It is the first of the month, which means it's time for our check-in with what's new on SSRN.  Below are all of the new land use law-related articles posted in August (search term "land use," parameter "last month"):

1 Incl. Electronic Paper City Replanning 
George Mason Law & Economics Research Paper No. 14-32
Roderick M. Hills, Jr. and David Schleicher 
New York University School of Law and George Mason University School of Law 
Date posted: 
07 Aug 2014

Last revised: 
09 Aug 2014

working papers series

2 Incl. Electronic Paper Looking Through the Lens of Size: Land Use Regulations and Micro-Apartments in San Francisco 
Charles Joshua Gabbe 
UCLA Luskin School of Public Affairs 
Date posted: 
13 Aug 2014

working papers series

3 Incl. Electronic Paper Political Reform in China: Elections, Public Goods and Income Distribution 
Monica Martinez-Bravo Gerard Padro I. Miquel Nancy Qian and Yang Yao 
Centre for Monetary and Financial Studies (CEMFI) , London School of Economics & Political Science (LSE) , Yale University - Department of Economics and Peking University - China Center for Economic Research (CCER) 
Date posted: 
20 Aug 2014

working papers series

4 Incl. Electronic Paper The Effect of Climate and Technological Uncertainty in Crop Yields on the Optimal Path of Global Land Use 
World Bank Policy Research Working Paper No. 7009
Yongyang Cai Jevgenijs Steinbuks Joshua Elliott and Thomas W. Hertel 
Stanford University - The Hoover Institution on War, Revolution and Peace , World Bank - Development Research Group (DECRG) , University of Chicago and Purdue University - Center for Global Trade Analysis 
Date posted: 
20 Aug 2014

working papers series

5 Incl. Electronic Paper Urban Resiliency and Destruction 
Idaho Law Review, 2014, Forthcoming, U of Houston Law Center No. 2014-A-72
Kellen Zale 
University of Houston Law Center 
Date posted: 
09 Aug 2014

Last revised: 
14 Aug 2014

Accepted Paper Series

6 Incl. Electronic Paper Environmental Issues, Climate Changes, and Energy Security in Developing Asia 
Asian Development Bank Economics Working Paper Series No. 399
Benjamin K. Sovacool 
Vermont Law School 
Date posted: 
14 Aug 2014

working papers series

7 Incl. Electronic Paper Changing the Plan: The Challenge of Applying Environmental Review to Land Use Initiatives 
40 Ecology Law Quarterly 833 (2013), U of Houston Law Center No. 2014-A-71
Kellen Zale 
University of Houston Law Center 
Date posted: 
09 Aug 2014

Last revised: 
14 Aug 2014

Accepted Paper Series

8 Incl. Electronic Paper Land Conflict Due to Irregular Ownership of Land: The Case of Kalanggaman Island 
Lillian D. Estorninos and Gerry Briton de Cadiz 
Eastern Visayas State University and Eastern Visayas State University 
Date posted: 
21 Aug 2014

working papers series

9 Incl. Electronic Paper Land and Farm Production: Availability, Use, and Productivity of Agricultural Land in the World 
Hector E. Maletta 
Universidad del Pacífico 
Date posted: 
22 Aug 2014

working papers series

10 Incl. Electronic Paper Welfare Benefits of Agglomeration and Worker Heterogeneity 
IZA Discussion Paper No. 8382
Coen N. Teulings Ioulia V. Ossokina and Henri L. F. de Groot 
University of Amsterdam - SEO Economic Research , Erasmus University Rotterdam - General Economics and VU University Amsterdam - Department of Spatial Economics 
Date posted: 
16 Aug 2014

working papers series

11 Incl. Electronic Paper Local Government Fracking Regulation: A Colorado Case Study 
33 Stanford Environmental Law Journal 61, 2014
Joel Minor 
Date posted: 
25 Aug 2014

Accepted Paper Series

12 Incl. Electronic Paper Land Use in Rural New Zealand: Spatial Land Use, Land-Use Change, and Model Validation 
Motu Working Paper No. 14-07
Simon Anastasiadis Suzi Kerr Wei Zhang Corey Allan and William Power 
Motu Economic and Public Policy Research , Motu Economic and Public Policy Research Trust , Motu Economic and Public Policy Research Trust , Motu Economic and Public Policy Research Trust and GNS Science 
Date posted: 
16 Aug 2014

working papers series

13 Incl. Electronic Paper Assessing the Economic Benefits of Sustainable Land Management Practices in Bhutan 
IFPRI Discussion Paper 01361
Ephraim Nkonya Raghavan Srinivasan Weston Anderson and Edward Kato 
International Food Policy Research Institute (IFPRI) , Texas A&M University (TAMU) , International Food Policy Research Institute (IFPRI) and International Food Policy Research Institute (IFPRI) 
Date posted: 
22 Aug 2014

working papers series

14 Incl. Electronic Paper God's Green Earth? The Environmental Impacts of Religious Land Use 
64 Maine Law Review 207 (2011), U of Houston Law Center No. 2014-A-70
Kellen Zale 
University of Houston Law Center 
Date posted: 
09 Aug 2014

Last revised: 
14 Aug 2014

Accepted Paper Series

15 Incl. Electronic Paper Les Conflits D’Aménagement Dans La Communication Environnementale. Argumentation Et Dissémination De Contenus Environnementaux (Land Use Conflicts in the Environmental Communication. Argumentation and Environmental Topics Dissemination) 
ALLOUCHE, Aurélien, Land Use Conflicts in the Environmental Communication. Argumentation and Environmental Topics Dissemination, ESSACHESS Journal for Communication Studies, Vol. 7, No. 1(13), 2014.,
Aurélien Allouche 
Aix-Marseille University 
Date posted: 
12 Aug 2014

Accepted Paper Series

16   Community Economic Development Law: A Text for Engaged Learning 
Carolina Press (2012)
Susan D. Bennett Brenda Bratton Blom Louise A. Howells and Deborah S. Kenn 
American University, Washington College of Law , University of Maryland Francis King Carey School of Law , University of the District of Columbia - David A. Clarke School of Law and Syracuse University College of Law 
Date posted: 
04 Aug 2014

Accepted Paper Series

Here are the Top 10 articles on the SSRN Property, Land Use, and Real Estate eJournal, which lists the top downloads for articles posted in the last 60 days.

1 290 How to Do Things with Hohfeld 
Pierre Schlag 
University of Colorado Law School 
Date posted to database: 13 Jul 2014 
Last Revised: 9 Aug 2014
2 177 Intellectual Property and Property Rights 
Adam Mossoff 
George Mason University School of Law 
Date posted to database: 22 Jul 2014 
Last Revised: 7 Aug 2014
3 160 Still an Issue: The Taking Issue at 40 
Patricia Salkin 
Touro College - Jacob D. Fuchsberg Law Center 
Date posted to database: 27 Jun 2014 
Last Revised: 6 Jul 2014
4 142 City Replanning 
Roderick M. Hills, Jr. and David Schleicher 
New York University School of Law and George Mason University School of Law 
Date posted to database: 7 Aug 2014 
Last Revised: 9 Aug 2014
5 135 The Affirmative Duties of Property Owners 
Robert C. Ellickson 
Yale Law School 
Date posted to database: 11 Jul 2014 
Last Revised: 12 Aug 2014
6 93 Property: A Bundle of Sticks or a Tree? 
Anna di Robilant 
Boston University School of Law 
Date posted to database: 20 Jun 2014 
Last Revised: 22 Jul 2014
7 91 Liberalism and the Private Law of Property 
Hanoch Dagan 
Tel Aviv University - Buchmann Faculty of Law 
Date posted to database: 13 Jul 2014 
Last Revised: 13 Jul 2014
8 80 Leases and Executory Contracts in Chapter 11 
Kenneth Ayotte 
University of California, Berkeley - School of Law 
Date posted to database: 7 Jul 2014 
Last Revised: 13 Aug 2014
9 80 The Cost of Personal Property Servitudes: Lessons for the Internet of Things 
Christina Mulligan 
Brooklyn Law School 
Date posted to database: 14 Jul 2014 
Last Revised: 11 Aug 2014
10 61 Complex Decision-Making and Cognitive Aging Call for Enhanced Protection of Seniors Contemplating Reverse Mortgages 
Debra Pogrund StarkJessica M. ChoplinJoseph A. Mikels and Amber Schonbrun McDonnell 
The John Marshall Law School, DePaul University, DePaul University and The John Marshall Law School 
Date posted to database: 25 Jun 2014 
Last Revised: 25 Jun 2014

Here are the Top 10 articles on the SSRN State & Local Government eJournal, which lists the top downloads for articles posted in the last 60 days.

1 312 2013 Developments in Connecticut Estate and Probate Law 
Jeffrey A. Cooper and John R. Ivimey 
Quinnipiac University School of Law and Reid and Riege, P.C. 
Date posted to database: 30 Jul 2014 
Last Revised: 30 Jul 2014
2 207 The Legitimacy of (Some) Federal Common Law 
Caleb Nelson 
University of Virginia School of Law 
Date posted to database: 21 Jul 2014 
Last Revised: 22 Jul 2014
3 142 City Replanning 
Roderick M. Hills, Jr. and David Schleicher 
New York University School of Law and George Mason University School of Law 
Date posted to database: 7 Aug 2014 
Last Revised: 9 Aug 2014
4 138 Morals from the Courthouse: A Study of Recent Texas Cases Impacting the Wills, Probate, and Trust Practice 
Gerry W. Beyer 
Texas Tech University School of Law 
Date posted to database: 19 Jun 2014 
Last Revised: 19 Jun 2014
5 57 Maryland v. King: Terry v. Ohio Redux 
Tracey Maclin 
Boston University - School of Law 
Date posted to database: 25 Jun 2014 
Last Revised: 25 Jun 2014
6 54 Child, Victim, or Prostitute? Justice Through Immunity for Prostituted Children 
Tessa L. Dysart 
Regent University School of Law 
Date posted to database: 17 Jun 2014 
Last Revised: 17 Jun 2014
7 48 Into the Breach: The Case for Robust Noncapital Proportionality Review Under State Constitutions 
Samuel Weiss 
Harvard University - Law School - Alumni 
Date posted to database: 20 Jun 2014 
Last Revised: 20 Jun 2014
8 47 Resilient Cities and Adaptive Law 
Craig Anthony (Tony) Arnold 
University of Louisville - Brandeis School of Law 
Date posted to database: 20 Jun 2014 
Last Revised: 25 Jun 2014
9 43 Circumcision Safety: A Case Study in the Failure of Leaderships 
Steven H. Resnicoff 
DePaul University College of Law 
Date posted to database: 1 Jul 2014 
Last Revised: 1 Jul 2014
10 42

Community Losses: The Costs of Education Reform 
Susan DeJarnatt 
Temple University - James E. Beasley School of Law 
Date posted to database: 6 Aug 2014 
Last Revised: 6 Aug 2014


Stephen R. Miller




September 1, 2014 | Permalink | Comments (0)

Friday, August 29, 2014

Do you have a land use law event coming up? Tell us about it!

We make every effort at the blog to publicize as many land use law events as possible.  Given the blog's readership, we tend to focus on events held at law schools and practitioner events that are national in scope.  That said, we know we are missing a lot.  

If you, your law school, or your professional organization is organizing a land use law event this fall, send me an e-mail (millers @ uidaho dot edu) with links and information, and we will make sure to get the word out.

Stephen R. Miller

August 29, 2014 | Permalink | Comments (0)

Thursday, August 28, 2014

Martin's new article: Federalism and Municipal Innovation: Lessons from the Fight Against Vacant Properties

Benton C. Martin (unaffiliated) recently published, Federalism and Municipal Innovation: Lessons from the Fight Against Vacant Properties, in the spring edition of Urban Lawyer.  Here is the abstract:

Cities possess a far greater ability to be trailblazers on a national scale than local officials may imagine. Realizing this, city advocates continue to call for renewed recognition by state and federal officials of the benefits of creative local problem-solving. The goal is admirable but warrants caution. The key to successful local initiatives lies not in woolgathering about cooperation with other levels of government but in identifying potential conflicts and using hard work and political savvy to build constituencies and head off objections. To demonstrate that point, this Article examines the legal status of local governments and recent efforts to regulate vacant property through land banking and registration ordinances.


August 28, 2014 | Permalink | Comments (0)

Tuesday, August 26, 2014

Historic Preservation During an Age of Fiscal Pressure

Funds for historic preservation programs, particularly those dealing with identifying, cataloguing, and managing historic resources, are typically slashed when the economy sputters.  Right now is such a time.  In my previous post, I discussed ARCHES--a free, online, user-friendly, open-source geospatial software system developed by the Getty Conservation Institute and the World Monuments Fund that is purpose-built to inventory and manage immovable heritage to internationally adopted standards.  Anyone can downloand and customize ARCHES to suit their needs.

Today I want to discuss a powerful, innovative but cheap technological tool that can aid authorities in their quest to create and/or update their historic resources digital inventory:  online crowdsourcing.  Simply put, online crowdsourcing allows someone to obtain needed services and/or content by soliciting voluntary contributions from the online public community rather than hiring employees or paying suppliers.  Online crowdsourcing has been an extremely effective tool for preserving cultural heritage in many countries.  For instance, the National Library of Finland is using online crowdsourcing to index its scanned archives.  Similarly, the University of Cape Town in South Africa is using online crowdsourcing to transcribe collections containing the Bushman’s language, stories, and way of life.  The National Geographic Society is using online crowdsourcing to analyze millions of satellite images of Mongolia showing potential archaeological sites in the hopes of discovering the tombs of Genghis Khan and his descendants.  And an English non-profit organization has utilized online crowdsourcing and online crowdfunding—funds donated by the interested public online—to provide both finances and labor for an expert-led excavation of a Bronze Age causeway composed of millions of timbers in the Cambridgeshire fens.  And perhaps most relevant to experiences of local governments in the United States, the City of Los Angeles has created a website,, that allows citizens to map and submit information about places of cultural importance to them which may not be architecturally significant (and thus escape the purview of preservation officials).   

Drawing on the crowdsourcing experience of others, local governments and cities in the United States could create an online portal attached to their own digital inventories, or create an appended website like MyHistoricLA.  This portal or website could offer training modules to citizens on cultural heritage recording practices and afterwards ask them to collect and upload descriptive information, statistics, pictures, videos, and maps on historic resources in their neighborhoods.  The information uploaded to this portal could be screened and vetted by authorities before permanently adding it to the digital repository, ensuring quality control.  In this way, local governments and cities could gather and preserve vast amounts of data related to their cultural heritage in a short period of time and at minimal cost.  Furthermore, such a strategy also fosters civic pride, a sense of community, and a deeper, more tangible connection to the city’s past, particularly for younger generations who are adept at using technology.  It also offers peace of mind knowing that if and when a disaster occurs that as much cultural heritage as possible has been preserved for future generations. 

August 26, 2014 in Comparative Land Use, Comprehensive Plans, Historic Preservation, History, Urbanism | Permalink | Comments (0)

Friday, August 22, 2014

Inaugural Idaho Symposium on Energy in the West - Nov 13-14 - CFP included


A Final 1 Color LogoInaugural Idaho Symposium on Energy in the West

November 13-14, 2014
Sun Valley Inn & Conference Center
Sun Valley, Idaho

2014 Symposium Topic

Transmission & Transport of Energy in the Western U.S. & Canada: A Law & Policy Road Map to 2050

This inaugural meeting of the Idaho Symposium on Energy in the Westseeks to provide a forum to investigate the future of basic—but vital—legal questions arising from western U.S. and Canadian energy production.  This return to basics is precisely to envision, and re-envision, the long-term infrastructure investments that the dramatic rise in energy production in the west now necessitates.  Three baseline questions guide the meeting:  What is the market demand for western energy?  Where is energy produced in the west?  How is energy transmitted and transported in the west?  After establishing this baseline in key western energy sectors, speakers will then provide a 2050 vision for each of these baseline questions, as well as a road map for how that future might, or should, be shaped by law and policy.  Energy sectors investigated will include:  oil and gas (conventional, hydraulic fracturing, and oil sands); coal; wind; solar; nuclear; and electricity markets.  The meeting is also expected to result in the production of short essays on the meeting topic, which will be published in the 2015 Idaho Law Review’s Natural Resources and Environmental Law edition.  In addition, one of the goals of the inaugural meeting of the Symposium is to identify an emerging energy law question to form the basis for a scholars’ roundtable to be held in the 2015-16 academic year. 

Call for Presentations and Essays

The University of Idaho, College of Law is pleased to issue this call for presentations and essays for the inaugural Idaho Symposium on Energy in the West.  The topic for this first meeting of the series is Transmission & Transport of Energy in the Western U.S. & Canada:  A Law & Policy Road Map to 2050.  This meeting will be held at the Sun Valley Inn and Conference Center in Sun Valley, Idaho, on November 13-14, 2014.  Reasonable travel expenses of participants will be covered.

To submit a proposal, please send a 250-word proposal and CV to Prof. Stephen R. Miller at as soon as possible, but no later than September 15, 2014. While speakers will also be selected by invitation, we are committed to using the CFP process to fill at least several speaker positions. Please indicate which energy sector you would like to discuss and, in particular, your legal scholarship or experience with that sector.  Sectors to be discussed at the meeting are:  oil and gas (conventional); oil and gas (hydraulic fracturing); oil and gas (oil sands); coal; wind; solar; nuclear; and electricity markets.

We are especially interested in speakers that would commit to draft a 1,000 word essay based upon presentations at the Symposium.  Speaker essays will appear as a collection in the 2015 Idaho Law Review Natural Resources and Environmental Law edition.  Essay drafts will be due in Spring, 2015.

About the Symposium Series

 The Idaho Symposium on Energy in the West is a new interdisciplinary collaboration between the University of Idaho, College of Law Natural Resources and Environmental Law Programs, the Center for Advanced Energy Studies, and the Energy Policy Institute at Boise State University.  The collaborators intend to hold the Symposium on an annual basis.  In the 2014-15 academic year, and every other academic year thereafter, the Symposium will be a large, public-facing event suitable for scholars, industry professionals, and practicing lawyers.  CLE credits will be available both through in-person attendance as well as through an Internet broadcast of the event.  In the intervening years, the Symposium will convene primarily as a scholars’ event with a goal of providing a collaborative environment to advance law and policy scholarship on energy issues in the western U.S. and Canada.  Funding for the Symposium is generously provided by the Center for Advanced Energy Studies.



August 22, 2014 | Permalink | Comments (0)