PropertyProf Blog

Save the Date and Call For Papers -- First Meeting of the Association for Law, Property, and Society (ALPS)

Robin Paul Malloy (Syracuse) is organizing a new organization for property scholars, the Association for Law, Property, and Society (ALPS).  Here is the conference announcement and call for papers:

The first ALPS annual meeting will be held March 5-6, 2010, at Georgetown Law School in Washington, D.C.  Save the date.  Topics will include all areas of property (real, personal, intangible, cultural, and intellectual property), and themes will center on Property and issues related to Entrepreneurship, Development, Identity, Takings, Sovereignty, Finance, Mortgage Markets, Securitization, Environment, Sustainability, Land Use, Patents, Copyright, Trade Secrets, Internet, and the concept of Home. While all types of paper topics are welcome and encouraged two particular themes are being developed for book publications.  These two themes are: 1) Property, Identity, and Sovereignty; and 2) Property and Entrepreneurship.  Individual paper proposals or session proposals for a panel composed of three to four paper participants are welcome (panels may include a chair and discussant as well). Send proposals or questions to Robin Paul Malloy at rpmalloy@law.syr.edu.  (Send Robin an e-mail and he will put you on the mailing list for e-updates on the ALPS Annual Meeting).  More details to follow.

This is a great idea, and ALPS will fill an important need.  If you want to be in the loop, be sure to send Robin an e-mail.

Ben Barros

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AALS Call For Papers

From Carol Brown, Chair of the AALS Property Section:

The Sections on Property Law and Real Estate Transactions are co-sponsoring an extended program at the 2010 AALS Annual Meeting in New Orleans, Louisiana.  The program theme is law as transformative agent, and the program goal is to explore the transformative potential of property law theory and property praxis in the transactional setting.  The national mortgage foreclosure, credit, and housing crises have prompted re-examination of traditional categories of thinking in those areas.  The Sections recognize, however, that scholarly innovation is wide-ranging, and the Sections encourage authors to take a broad view of the law as transformative agent.  The Sections seek two or three papers pertaining to this subject.  Papers will be presented at the program of the Sections at the 2010 AALS Annual Meeting and will be published in the Indiana Law Review.
 

Abstracts of one page or less should be submitted by e-mail to Lloyd T. Wilson, Jr. (Chair, Section on Real Estate Transactions) at ltwilson@iupui.edu and to Carol N. Brown (Chair, Section on Property Law) at carol_brown@unc.edu by August 1, 2009.  Selection will be made by the Section Chairs in consultation with Section officers.  Those who submit abstracts will be notified of the Chairs’ selection by September 1, 2009.  To assure timely publication, selected authors should plan to submit their papers to the Indiana Law Review by December 15, 2009.  Questions should be directed to Professors Wilson or Brown at their e-mail addresses.

Ben Barros

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Hernando de Soto and Property in a Market Economy - Podcast

The podcast of the Property Section panel from last month's meeting in San Diego is now online.

Ben Barros

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AALS Property Section -- Call for Papers

The Property and Taxation Sections of the AALS are seeking to co-sponsor a half day session at the annual AALS meeting next year (January, 2010) in New Orleans.  If you are working on the intersection of these two areas of law and would like to present a paper--we would love to hear from you by February 28, 2009.  Specifically, please send us a working title, a brief description of your paper, and a draft if one is available.

The papers will be published in Northwestern Law School's Journal of Law and Social Policy; therefore, we will only consider unpublished pieces for possible inclusion in the AALS panels.

If you are interested, please contact  Professor Carol Brown, University of North Carolina Law School (carol_brown@unc.edu) or Professor Nancy Staudt, Northwestern University Law School (n-staudt@northwestern.edu). Please be sure to include both of us on your e-mail submissions.

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Property Mid-Year Meeting 2010

I recently learned that the Property Section of the AALS has been approved for a mid-year meeting in 2010.  No date or location has been set.  I'll post more info as I get it.

Ben Barros

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New AALS Property Section Leadership

Here is the new AALS Section Leadership:

Chair:  Carol Brown, UNC

Chair-Elect:  Kali Murray, Marquette

Secretary:  Nestor Davidson, Colorado

Executive Committee Members:  John Fee, BYU; Shelley Saxer, Pepperdine; Steve Eagle, GMU

Ben Barros

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Back from AALS

Thanks to all of you who attended the various property programs at AALS in San Diego.  It was great to see so many blog readers in person.

Ben Barros

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Off to AALS

I'm heading off to the AALS Conference in San Diego.  Hope to see you there at one of the Property Section events!

Ben Barros

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Poverty Law Events at AALS

From the folks at the AALS Poverty Law Section:

Section on Poverty Law: January AALS Program: "Privatization: Promise and Pitfall at the Intersection of Law, Markets and Poverty" -  January 9, 3:30 - 5:15 p.m.

This year our AALS program addresses the strategy of  harnessing "social justice capital"  to attack poverty and insure community control of development. Can mixed public/private finance, with its reliance on market mechanisms and capital investment, provide resources where government alone has failed to allocate them? The Section is continuing its practice of locating a case study in the city of the AALS conference; here, our example of community capitalism is Market Creek Plaza, the first "community development IPO," in which residents of a disinvested neighborhood in San Diego have taken charge of its redevelopment and partially financed redevelopment through buying their own equity shares. Our panelists, including the CEO of the foundation which supports Market Creek Plaza, will present their experiences as advocates with using capital investment to promote social justice ends.

Panelists: Barbara Bezdek (Maryland), Louise Howells (UDC), Jennifer Vanica (President and CEO, Jacobs Family Center for Neighborhood Innovation)

Commentator: Angela Harris (Berkeley)

Moderator: Susan Bennett (American)

Save the Slot: Program Prequel: Visit to Market Creek Plaza

We have been offered an opportunity to tour Market Creek Plaza, meet some of its shareholder residents, and discuss the history and progress of the resident - directed development.

Here's logistical information for the tour, which will last from 9:00 a.m. to 11:00 a.m. on January 9. We'll meet at the check-in desk at the Marriott at 8:00 a.m. so we can take the trolley ride to Market Creek Plaza. If you're driving, I've also attached driving directions to the Plaza. Also attached are the map of the Plaza, the San Diego Trolley map and important ridership information, and boarding schedules to get you back and forth from the hotel to the Plaza. Since we will have a tight schedule, we've been asked to have all participants, whether arriving by trolley or by car, arrive at the same time - 8:45 - at the Euclid trolley stop, where we'll be met by representatives from Market Creek.

Once everyone is assembled, we anticipate dividing the group into two batches with two residents and one staff member conducting each tour.  A conversation with the resident shareholders and board members of Market Creek will follow the tour.

To give you some idea of the goals, history and structure of the community ownership of Market Place,  our contact at Market Creek has provided the file of its 2007 Social & Economic Impact Report (attached) – a the link to the PolicyLink publication Market Creek Plaza: Toward Resident Ownership of Neighborhood Change:

http://www.policylink.org/Research/MarketCreekPlaza/

We need a head count: so if you think you might attend, PLEASE e-mail sbennet@wcl.american.edu, cc to our contact, MaryJane Garcia,  MGarcia@jacobscenter.org,  ASAP.

Ben Barros

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Papers for Junior Scholars Works in Progress Panel

As we've previously noted, the Property Section will hold a Junior Scholars Works in Progress Panel at AALS.  The panel will be held on Friday, January 9, from 8:30 a.m. to 10:15 a.m.  If you are attending the panel, you can download the two papers here:

Daniel Kelly, Strategic Spillovers: Using Externalities to Extract Payments [Download kelly__strategic_spillovers1.pdf]

Leah Theriault, An Efficient Breach Theory of the Numerus Clausus [Download theriault_aals_wip_dec71.pdf]

Ben Barros

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Changing Conceptions of Property Seminar

Via the Legal History Blog, I learned that the Folger Library is holding a seminar titled "Changing Conceptions of Property" that will meet on Thursday and Friday afternoons between May 14 and June 12, 2009.  Here's the annoucement:

This seminar, sponsored by the Center for the History of British Political Thought, will examine the radically changing character of a fundamental concept in political and legal thought: property. Its shifting meanings in early modern Britain mirrored, and in many respects, drove, transformations of the emerging understanding of rights. Property originally indicated the right or title of a possessor to a thing possessed (with the possessor's entitlement to legal protection and political membership). During the seventeenth century, however, property came to designate the thing possessed. Participants will examine the conceptual history of property, from real property in land to personal property in goods, capital, or credit, which increasingly defined the individual as a political agent with the capacity to act in society. Primary readings will be drawn from the common law mind through Harrington and Locke to the Scottish Enlightenment and Adam Smith. Session topics may include: the role of property in commerce and political economy; the social and legal agency of women as derived through property; and the use of property as a justification for its expropriation from indigenous peoples. Research projects may address social conventions and practices influenced by changing discourses of property, cultural pressures under which those discourses changed, or varieties of discourse in which property figures. Invited faculty will contribute their perspectives.

More info is available through the Library's website.

Ben Barros

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AALS Real Estate Transactions Section -- Field Trip

The Naval Training Center in San Diego closed in 1995.  The city redeveloped this prime location on San Diego Bay as Liberty Station.  The development "restores waterfront access to the public for the first time in 80 years, creates new parks, and establishes creative-arts facilities."

Who would not welcome the opportunity to tour such a landmark public-private real estate project?  The AALS Real Estate Transactions Section invites you to join us on our Liberty Station field trip as we tour this innovative and vibrant development.  The field trip will take place on Friday, January 9, 2009.  For details, including meeting times and locations, and to reserve one of the limited spaces still available, please contact Lloyd T. (Tom) Wilson, Jr., Section Chair-Elect, at ltwilson@iupui.edu.

The AALS Real Estate Transactions Section prides itself on creating new and exciting experiences through its annual field trips.  These trips are also planned around the important concepts of building comradery and informal networking opportunities.  Please help us continue our tradition.

I look forward to seeing you all in San Diego!

Carol N. Brown, Section Treasurer

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Property Section Newsletter/AALS Section Panels

Thanks to Kali Murray, the Secretary of the Property Section, this year's Property Section Newsletter is now available:  Download property_newsletter1_nov1.pdf.  Among other things, the Newsletter highlights the Section's two panels at the AALS conference in San Diego:

First, the Section is sponsoring an extended session titled Hernando de Soto and Property in a Market Economy.  Speakers include:  Gregory S. Alexander, Cornell Law School; Nestor Davidson, University of Colorado School of Law; Rashmi Dyal-Chand, Northeastern University School of Law; Nicole Stelle Garnett, Notre Dame Law School; Larissa Katz, Queen’s University, Ontario; Daniel B. Kelly, Harvard Law School; Eduardo M. Peñalver, Cornell Law School; Carol Rose, University of Arizona Rogers College of Law; Ezra Rosser, American University Washington College of Law.  Here's the panel description:

Hernando de Soto is one of the world’s leading public intellectuals. His books The Mystery of Capital and The Other Path have been tremendously influential. He has been included on Time’s list of the 100 most influential people in the world, and has received praise from politicians from across the political spectrum. His work also has been controversial, and some of his arguments have received sustained criticism.

One of de Soto’s core ideas is that the institution of private property is necessary for the proper functioning of a market economy. Many property scholars closely follow de Soto’s work, but de Soto’s ideas have been strangely neglected in property scholarship within the legal academy. His work has been widely discussed in the context of property in developing countries, but has not had the same impact on the property issues that arise in mature market economies like the United States.

This program seeks to remedy this neglect. It brings together a diverse group of scholars to apply de Soto’s work to a wide range of contemporary issues in property law and theory.

The Property Section business meeting will immediately follow the Hernando de Soto panel.

Second, as we did last year, the Section is sponsoring a Junior Scholars Works-in-Progress Panel.  Two papers will be presented: Strategic Spillovers: Using Externalities to Extract Payments by Daniel Kelly and An Efficient Breach of the Numerus Clausus by Leah Theriault.  Congratulations to Dan and Leah, whose papers were selected from a very strong group of submissions!

Ben Barros

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AALS Donative Transfers Section Panel

The Wills, Trusts and Estates blog has a post about the Donative transfers section panel, which may be of interests to many propertyprofs.  Info on the Property section panels will come in a future post.

Ben Barros

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Conference: Hawai‘i State Historic Preservation Laws: Reclaiming the Past, Shaping the Future

Sometimes visitor here at propertyprof Carl Christensen reports that the University of Hawaii's William S. Richardson School of Law is hosting a conference on "Hawai‘i State Historic Preservation Laws: Reclaiming the Past, Shaping the Future" on September 27. Dr. Patrick Kirch, Departments of  Anthropology and Integrative Biology University of California, Berkeley is the keynote speaker.

Other speakers and moderators are:

Dr. Kehau Abad, O‘ahu Island Burial Council
Dawn N.S. Chang, Ku‘iwalu
Prof. Carl C. Christensen, William  S. Richardson School of Law
Dr. Thomas S. Dye, T.S. Dye and Associates
Moses Haia, Esq., Native Hawaiian Legal Corporation
Dr. Holly McEldowney, DLNR, Division of State Parks 
Nancy McMahon, DLNR, Historic Preservation Division 
Kai Markell, Office of Hawaiian Affairs 
William M. Tam, Esq., Alston Hunt Floyd & Ing
Robert H. Thomas, Esq., Pacific Legal Foundation

Alfred L. Brophy

Call For Submissions - AALS Property Law Section Junior Scholars Works-In-Progress Panel

The AALS Property Law Section invites junior property scholars to submit works in progress for a junior scholars panel at the upcoming AALS Annual Meeting in San Diego.  The panel will take place on Friday, January 9, from 8:30 a.m. to 10:15 a.m.  At the panel, paper authors will have the opportunity to present their papers and receive commentary from senior scholars knowledgeable about their paper topics.

Submissions:  Two papers and an alternate will be selected for the panel by blind peer review.  Papers should be submitted by e-mail to dbbarros@mail.widener.edu and carol_brown@unc.edu by October 8, 2008 with the subject line “Property Junior Scholars Panel.”  To facilitate blind review, authors should place their names and other identifying information on a separate cover page.  Authors also should alter or delete references within the text that would reveal their identities to a referee.  During the selection process, papers will be judged by how successfully they establish their contributions in a scholarly manner and by how substantially those contributions add to current property law and scholarship.

Eligibility:  The panel is open to scholars who (a) currently have a permanent or visiting appointment at an AALS member or fee-paid school; (b) have been teaching for six or fewer years; and (c) do not yet have tenure.  Papers that have been accepted for publication may be submitted for consideration, but only if they are early enough in the production process for the author to fully incorporate comments provided at the panel.

Please direct any questions to the panel organizers, Ben Barros (dbbarros@mail.widener.edu) and Carol Brown (carol_brown@unc.edu).

Ben Barros

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Call for Papers: Property Ownership and Economic Stability: A Necessary Relationship

The editors of the Saint Louis University Public Law Review sent along this interesting call for papers:

The Saint Louis University Public Law Review invites abstracts of articles relating to its Spring 2009 symposium theme: Property Ownership and Economic Stability: A Necessary Relationship?

The symposium, which will be held on Friday, February 27, 2009, will consist of three round-table panel discussions examining the relationship between property ownership and economic stability for lower-income households, both in the United States and internationally.

Property Ownership in the U.S.: New Definitions for a New Era?
This panel will focus on the impact of both private and public land use restrictions, including common interest community servitudes and governance rules, on residential property rights.

Property Rights and Economic Stability in the International Context
This panel will consider how legal reforms in other countries, such as changes to the titling process and the role of homeowners associations, have affected the ability of low-income
people to occupy or dispose of their residences.

Ownership in Flux: the Role of the Federal Government in the Homeownership Debate
This panel will examine the implications of a national emphasis on homeownership, as opposed to support for rental programs.

Invitations to present and publish will be made by the Editorial Board following review of abstracts submitted, which should be limited to 300 words and represent original, unpublished work. Abstracts must be received by October 1, 2008 to be considered, and responses to submissions will be sent on or before November 1, 2008. Drafts of papers selected must be received by January 21, 2009.

Following the February 27, 2009 conference, final drafts of papers to be published must be received by April 1, 2009. The papers will be published in the Fall 2009 edition of the Public Law Review.

Abstracts may be submitted to Laura Schwarz, Lschwa13 at slu.edu

Ben Barros

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Info on GELPI Takings Conference

This year's GELPI Takings Conference will be held at Stanford Law School on November 6-7.  The brochure is now available online.

Ben Barros

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Brigham-Kanner Conference at William & Mary

I just got the save-the-date card for this year's Brigham-Kanner Property Rights Conference, which will be held at William & Mary on October 17-18, 2008.  Robert Ellickson will be awarded the Brigham-Kanner prize.  I'll post more info when it becomes available online.

UPDATE:  I have now been pointed to the conference brochure.  Looks like a great program.

Ben Barros

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Conference in Honor of Morton Horwitz

This morning's email brings the program for a conference in honor of Morton Horwitz, which will be held at Harvard Law School this September 26 and 27.  It is sponsored by Harvard Law School, The Harvard Civil Rights-Civil Liberties Law Review and the Illinois Legal History Program.   Mary Dudziak's  Legal History Blog has all the details.  Daniel Hamilton's done his typically awesome work of putting together a very full program.

Alfred Brophy