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Editor: Stephen Clowney
Univ. of Arkansas, Fayetteville

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Saturday, April 8, 2006

Podcasts from the AALS Annual Meeting

The AALS has announced that podcasts of many of the panels at the annual meeting are now on-line

Propertyprof readers may be particuarly interested in listening to the following programs.  Click on the highlighted links to download the podcast:

Joint Program of Sections on Property Law and State and Local Government Law

Eminent Domain and Economic Development

Moderator: Clayton P. Gillette, New York University School of Law
Speakers: Vicki Lynn Been, New York University School of Law
David L. Callies, University of Hawaii William S. Richardson School of Law
Thomas W. Merrill, Columbia University School of Law
Patricia Salkin, Albany Law School Union University

Traditionally, local governments have used the power of eminent domain to construct projects that are available to the public, such as roadways and public buildings. More recently, local governments have also exercised eminent domain to encourage economic development. In these cases, localities condemn land owned by one private party and dedicate it to another private party in the belief that the latter will use it to produce more jobs or other economic benefits for the community as a whole. As the frequency of these takings has increased, so have the criticisms. Some claim that economic development does not qualify as a public use for which the condemnation power can be used, while others claim that the capacity to employ eminent domain for these purposes allows government too much discretion to favor one resident over another. Proposals for reform range from absolute prohibitions on the use of condemnation for these purposes, to higher compensation for condemnees, to more intensive judicial scrutiny of individual instances in which localities attempt to take property. Courts have had mixed reactions to the use of eminent domain for economic development. Last term, the Supreme Court addressed the issue in Kelo v. City of New London. Our panelists, many of whom were involved in drafting briefs in that case, will discuss the Supreme Court’s decision and its implications for the exercise of eminent domain.

Section on Financial Institutions and Consumer Financial Services

Rethinking the Ownership Society

Moderator: Patricia A. Mc Coy, University of Connecticut School of Law
Speakers: Howell Edmunds Jackson, Harvard Law School
Elizabeth A. Renuart, Esquire, National Consumer Law Center, Boston, Massachusetts
David Arthur Skeel, Jr., University of Pennsylvania Law School

The concept of “The Ownership Society” is touted as building wealth for ordinary individuals and increasing civic involvement through property ownership. Initiatives to advance “The Ownership Society” run the gamut from Social Security privatization to increased home ownership. This conception of ownership, however, goes hand in hand with the privatization and compounding of risk in certain instances. The program will consider the implications of “The Ownership Society” campaign for three discrete areas - bankruptcy, Social Security reform, and mortgage lending.

Section on Graduate Programs for Foreign Lawyers, Co-Sponsored by Sections on Africa, Comparative Law, for the Law School Dean, International Law, International Legal Exchange and Legal Writing, Reasoning and Research

Techniques To Internationalize The First Year Curriculum

Moderator: Louis F. Del Duca, The Pennsylvania State University Dickinson School of Law
Speakers: T. Alexander Aleinikoff, Georgetown University Law Center
Diane Penneys Edelman, Villanova University School of Law
Claudio Grossman, American University Washington College of Law
Franklin A Gevurtz, University of the Pacific McGeorge School of Law -view outline- -view handout-
Katharina Pistor, Columbia University School of Law
Mathias W. Reimann, The University of Michigan Law School

Participants in this program are involved in implementing programs to internationalize the first year curriculum at their law school. Included among techniques which will be addressed are: (1) Incorporation of transnational materials into traditional contracts, torts, property, procedure, etc. courses; (2) Use of a mandatory transnational law course as a building block for further advanced courses or as a minimal exposure to develop skills needed in 21st century law practice for students who will not enrolled in advanced courses; (3) Incorporation of transnational materials into legal writing, lawyering and advocacy courses; (4) A concentrated “Law In A Global Context” course presented in the first week of the second semester of the first year. Regular classes will not meet during this first week; (5) Encouragement of teachers of “traditional” basic law courses to incorporate transnational materials in their courses.

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