Thursday, July 18, 2019
Call for Papers: State and Local Government Responses to the Affordable Housing Crisis: ABA Journal of Affordable Housing & Community Development Law
I am delighted to be the new editor-in-chief of the ABA Journal of Affordable Housing & Community Development Law. Below is a call for papers for the next issue. We welcome submissions both relative to the theme of the issue and within the Journal’s broader scope, too. Feel free to contact me if you want to discuss an idea or a submission.
ABA Journal of Affordable Housing & Community Development Law
Call for Papers
State and Local Government Responses to the Affordable Housing Crisis
Drafts due September 1, 2019
The Journal of Affordable Housing & Community Development Law (the Journal) invites articles and essays discussing how state and local governments are responding to the affordable housing crisis. Example topics could include investigation of new state statues, local ordinances, or policies regarding: rent control / rent stabilization; inclusionary zoning; source of income provisions; funding affordable housing; state-level affirmatively further fair housing provisions; and re-zoning single-family residential districts for higher densities. Other relevant topics are welcome. The Journal publishes both essays (typically 2,500–6,200 words) and articles (typically 7,000-10,000 words).
In addition, the Journal welcomes articles and essays on any of the Journal’s traditional subjects: affordable housing, fair housing and community/economic development. Topics could include important developments in the field; federal, state, local and/or private funding sources; statutes, policies or regulations; and empirical studies.
The Journal is the nation’s only law journal dedicated to affordable housing and community development law. The Journal educates readers and provides a forum for discussion and resolution of problems in these fields by publishing articles from distinguished law professors, policy advocates and practitioners.
Interested authors are encouraged to send an abstract describing their proposals. Submissions of final articles and essays are due by September 1, 2019. Please email abstracts and final drafts to the Journal’s Editor-in-Chief, Stephen R. Miller, at email@example.com. The Journal also accepts submissions on a rolling basis. Please do not hesitate to contact the Editor with any questions.
Sunday, July 7, 2019
Announcement: Property Law Position
University of Detroit Mercy School of Law seeks a proven or aspiring scholar and teacher with an interest in teaching first-year Property Law for a tenured or tenure-track position beginning 2020-2021. Applicants must have a law degree and strong academic background and must demonstrate either a record of or potential for both teaching excellence and high scholarly achievement in any area of law. The balance of the teaching package will be determined in conversation with the successful candidate.
Applicants should send a cover letter, which should include a brief description of their ideal teaching package and a general indication of their areas of scholarly interest. Please direct the cover letter, a current CV, additional supporting materials (if any), and any questions you may have to:
Professor Julia Belian, Chair of Faculty Recruitment
University of Detroit Mercy School of Law
Materials will be accepted via email or regular mail. Review of applicants will begin in July 2019 and will continue until the position is filled.
About Our Program of Legal Education
Detroit Mercy Law offers a unique curriculum that complements traditional theory- and doctrine-based course work with intensive practical learning. Students must complete at least one clinic, one upper-level writing course, one global perspectives course, and one course within our Law Firm Program, an innovative simulated law-firm practicum. Detroit Mercy Law also offers a Dual J.D. program with the University of Windsor in Canada, in which students earn both an American and a Canadian law degree in three years while gaining a comprehensive understanding of two distinct legal systems. Interested Dual J.D. students are fully integrated into upper-level U.S. courses. The program’s first-year U.S. Property Law module could form a component of the teaching package if desired.
Detroit Mercy Law is located one block from the riverfront in Downtown Detroit, within walking distance of federal, state, and municipal courts, the region’s largest law firms, and major corporations such as General Motors, Quicken Loans, and Comerica Bank. The School of Law is also uniquely situated two blocks from the Detroit-Windsor Tunnel, an international border crossing linking Detroit with Windsor and Canada.
Detroit offers a dynamic variety of culinary, cultural, entertainment, and sporting attractions. See https://www.youtube.com/watch?v=DO4J_PC1b5M and learn more at https://www.nytimes.com/2017/11/20/travel/detroit-michigan-downtown.html.
Michigan’s largest, most comprehensive private university, University of Detroit Mercy is an independent Catholic institution of higher education sponsored by the Religious Sisters of Mercy and Society of Jesus. The university seeks qualified candidates who will contribute to the University's urban mission, commitment to diversity, and tradition of scholarly excellence. University of Detroit Mercy is an Equal Opportunity Affirmative Action Employer with a diverse faculty and student body and welcomes persons of all backgrounds.
Tuesday, July 2, 2019
The West Virginia Law Review invites you to participate in its annual legal Symposium issue (February 27-28, 2020). This year, the United States’s fourth oldest law review will be highlighting the tensions between state and local governments. The Symposium editors are now accepting a select number of proposals for panels and sessions on topics related to home rule, Dillon’s Rule, and preemption such as: energy facility siting; local ordinances on discrimination, minimum wage, and gun regulations; consumer laws; the West Virginia home rule pilot program; and other related issues. The symposium is intended to develop legal scholarship in state and local government law and stimulate discussion between students, academics, and practitioners.
Abstracts of 250-500 words should be submitted through the Google Form (https://forms.gle/PSvv93QWjeCC8uxS7). Abstracts must be submitted by September 3, 2019. Applicants should expect that the Symposium Editors may request further information or the opportunity to discuss the proposal in further detail. Proposals will be reviewed on a rolling basis with final decisions expected no later than the end of September.
For more information about WVLR please visit our website at, wvlawreview.wvu.edu.
For additional information about the annual symposium or potential topic selection, please contact:
Gabrielle Marcum, WVLR Symposium Editor, firstname.lastname@example.org
Austin Rogers, WVLR Symposium Editor, email@example.com
Jesse Richardson, WVLR Symposium Faculty Advisor, Jesse.Richardson@mail.wvu.edu
Thursday, June 27, 2019
Real Estate Review is a quarterly Thomson Reuters publication aimed at legal professionals and the real estate industry more generally. As editor-in-chief, I am seeking several additional 2,000 - 5,000 word articles for our upcoming edition. I would need the submissions by late August. The articles do not need to be copiously footnoted. Excerpts of larger articles--where permitted by previous publisher--are also welcome. While articles tend to focus on legal issues, the broader areas of real estate practice are also encouraged! Case studies are also welcome.
E-mail me if you have interest at firstname.lastname@example.org.
Wednesday, June 12, 2019
Monday, June 10, 2019
Friday, June 7, 2019
Yeah, that's right, FEMA has a podcast. And it's pretty good. The recent edition focuses on building fire-adapted communities. Worth checking out...
From the FEMA press release:
Today, FEMA released the podcast “Advancing Wildfire Resilience through the Fire Adapted Communities Learning Network.” Since 2013, the Fire Adapted Communities Learning Network (FAC Net) has connected and supported people and communities who are striving to live more safely with wildfire. FAC Net serves as a catalyst for spreading best practices and innovations in fire adaptation concepts nationwide.
FEMA Region 10 visited Ashland, Oregon, in April, interviewing members of FAC Net during its annual workshop. Michelle Medley-Daniel with the Fire Adapted Communities Learning Network, Allie Lerch and Chris Chambers with Ashland Fire & Rescue, and Hilary Lundgren with the Washington Fire Adapted Communities Learning Network shared perspectives and experiences on successes, tools and growth of the network from eight to 24 communities.
About the FEMA Podcast
The FEMA podcast is an audio program series available to anyone interested in learning more about the Agency, hearing about innovation in the field of emergency management, and listening to stories about communities and individuals recovering after disasters.
Approximately 20 to 30 minutes in length, new podcast episodes are updated weekly and each episode includes a link to its transcript.
Thursday, June 6, 2019
The Elisabeth Haub School of Law at Pace University is seeking an experienced energy innovator to become Executive Director of the Pace Energy and Climate Center.
The Pace Energy and Climate Center is a unique energy teaching and policy program. The Executive Director will lead the Center’s experienced and multi-disciplinary team and its students in energy proceedings in New York and throughout the Northeast and in regional efforts to promote energy efficiency and clean energy use.
Please circulate the position description that follows to contacts in the energy space: https://careers.pace.edu/postings/11480
Interesting op-ed about a couple of pieces of state legislation in Oregon targeted at providing single-parcel exemptions from statewide zoning regs. Query: how is this not spot zoning? If it's state legislation, does that mean the spot zoning analysis doesn't apply? (I have not looked at the underlying regs, which may be more generalized than described in this op-ed...)
HB 3384 seeks the expansion of a non-conforming use — Oak Hill School near Lane Community College — on land zoned exclusive farm use (EFU). This school, on property once owned by Ed King of King Estate and attended by his children, was approved in the EFU zone in 1994 as a conversion of a single-family dwelling. Then it was fast-tracked by staff to help the school obtain a building permit before the adoption of a rule that may have inhibited its conversion.
The school has been allowed to continue as a non-conforming use — a use not normally allowed in the zone — since 2009, and the property and development, together assessed at close to $4.5 million, are paying no taxes. In exchange for these generous concessions came a certain responsibility: The school could not become more non-conforming by expanding uses and activities inappropriate in the farm zone and could not cross the divide between urban and rural.
Notwithstanding, Oak Hill expanded in 2012. Now it wants to expand again and is asking the Legislature to nullify two court decisions that the proposed expansion violates state law, first by the Land Use Board of Appeals (LUBA) and then by the state Court of Appeals, agreeing with LandWatch Lane County, a nonprofit dedicated to the protection of Lane County’s rural lands.
Passing HB 3384 will not only promote a special interest that has lost twice in the court system, it will also corrupt the intent of the non-conforming use provision to protect our resource land and set a precedent by erasing the jurisdictional line that separates the powers of state government. That’s a long way down a slippery slope from the original promise of Oregon’s land use program.
In 2016 Kay King, member of a wealthy logging family, applied for a permit to replace three dwellings that had been demolished by the applicant 22 years ago on one tax lot zoned exclusive farm use (EFU). A statute enacted in 2013 reasonably allows farmers to replace dilapidated farm dwellings on which they’ve been paying taxes for the last five years. No taxes, however, had been paid on the King dwellings since they were demolished, and there was no indication that the new ones would be associated with farm operations. In a recent decision the Oregon Supreme Court affirmed LandWatch Lane County’s appeal to retain the existing regulation.
While that decision was pending, King found a freshman state representative from Redmond, heavily supported by timber and other extractive industries, to sponsor HB 3024 that would overturn the Supreme Court decision. If successful, this would give King what she wants and establish legislation that would allow more houses on farmland regardless of when they may have been removed in the past, whether taxes have been paid and whether they are associated with farm practices.
Wednesday, June 5, 2019
According to an Illinois appellate case that came out this week, zoning can be a matter of fact, not just law, where a real estate broker mis-represented zoning that could not be verified by the buyer. Fun case worth a read. As the court notes:
Because Horwich misrepresented to Edson that the space was suitable for a grocer and Edson could not, through ordinary prudence, have discovered that the space was not zoned for commercial use, Horwich's misrepresentations were statements of fact.
Westlaw cite: Edson v. Fogarty, 2019 IL App (1st) 181135, ¶ 39,
Monday, May 13, 2019
Friday, April 19, 2019
Pace University’s Elisabeth Haub School of Law is hiring a Land Use and Sustainable Development Law Graduate Fellow
Pace University’s Elisabeth Haub School of Law is hiring a Land Use and Sustainable Development Law Graduate Fellow. The Fellow will work part time in Pace's Land Use Law Center while working towards an LLM in Environmental Law.
For more information, visit https://law.pace.edu/graduate/llm-graduate-fellowships.
Since 1978, Pace University’s Elisabeth Haub School of Law has provided an internationally acclaimed environmental legal education. Our dedicated faculty have been pioneers in developing and implementing environmental law and continue to serve as national and world leaders in the field. We are the only top environmental law program that is about forty minutes away by train from New York City and two hours away by air from Washington, DC, providing students with easy access to outstanding practice opportunities. Fellows receive a full tuition waiver and a modest stipend to cover living expenses. Applications for the Land Use and Sustainable Development Fellowship are due April 30, 2019.
About the Land Use Law Center for Sustainable Development (For more information, visit law.pace.edu/landuse)
Established in 1993, the Land Use Law Center is dedicated to fostering the development of sustainable communities and regions through the promotion of innovative land use strategies and dispute resolution techniques. The Center provides research, training, technical assistance, support and strategic planning services to communities. Working with trained law students, the Center quickly, affordably and effectively develops techniques to remedy nearly all types of land use problems that afflict urban, suburban and rural communities. The Center enjoys a track record of successful implementation in partnership with local land use leaders, other change agents, and state and federal agencies.
It accomplishes this through its programs and catalytic demonstration projects, which cover a range of topics, including:
- Local Environmental Law and Natural Resource Conservation
- Historic Building and Agricultural Land Preservation
- Smart Growth
- Community Economic Development
- Urban Revitalization
- Affordable, Fair and Workforce Housing
- Vacant and Distressed Property Remediation
- Transit Oriented Development
- Sustainable Site and Neighborhood Development
- Green Building Programs
- Local Wind and Solar Energy Regulation
- Sea Level Rise
- Community Resiliency
- Climate Change Mitigation
- Collaborative Decision-Making and Facilitation
Wednesday, April 17, 2019
As many of you know, Jonathan Rosenbloom (Drake) has been working on updating the Sustainable Development Code, and it is about to re-launch. Visit sustainablecitycode.org. More info below.
Also, Jon is working with other land use professors' classes to have students assist in drafting these chapters. I've integrated this assignment into my class this semester and it has worked really well. In fact, we are even going to have the students present their SDC section drafts in a CLE for local practitioners we're calling, "Lessons for Fast-Growth Cities: What Works and Why." Should be a lot of fun.
Monday, April 15, 2019
Forgive this intrusion into usual land use-related posts, but here is a post from the associate dean side of my brain:
Idaho Law's Boise campus is seeking a visitor for the 2019-20 academic year to teach two semesters of Civ Pro and one or maybe two other courses in consultation with the visitor. Would be a great opportunity for folks trying to get into the law teaching biz. Here is the job link:
Feel free to email me if you want to discuss details (email@example.com)
Thursday, April 11, 2019
Call for Authors - Feminist Judgments: Rewritten Property Opinions
Deadline for Applying: Friday, April 26, 2019
The U.S. Feminist Judgments Project seeks contributors of rewritten judicial opinions and commentary on the rewritten opinions for an edited collection tentatively titled Feminist Judgments: Rewritten Property Opinions. This edited volume is part of a collaborative project among law professors and others to rewrite, from a feminist perspective, key judicial decisions in the United States. The initial volume, Feminist Judgments: Rewritten Opinions of the United States Supreme Court, edited by Kathryn M. Stanchi, Linda L. Berger, and Bridget J. Crawford, was published by Cambridge University Press in 2016. Cambridge University Press has approved a series of Feminist Judgments books. In 2017, Cambridge University Press published the tax volume titled Feminist Judgments: Rewritten Tax Opinions. Other volumes in the pipeline include rewritten trusts and estates opinions and rewritten family law opinions.
Property law volume editors Eloisa C. Rodriguez-Dod and Elena Maria Marty-Nelson seek prospective authors and commentators for multiple rewritten property opinions covering a range of topics. With the help of an advisory board of distinguished property law scholars, the editors have selected a list of cases that have not appeared in other Feminist Judgment volumes; potential authors are welcome to suggest opinions which do not appear on the list.
Proposals must be either to (1) rewrite a case opinion (subject to a 10,000-word limit) or (2) comment on a rewritten opinion (subject to a 4,000-word limit). Rewritten opinions may be re-imagined majority opinions, concurrences, or dissents. Authors of rewritten opinions will be bound by the law and precedent in effect at the time of the original decision. Commentators should explain the original court decision, how the rewritten feminist opinion differs from the original decision, and the impact the rewritten feminist opinion might have made. The volume editors conceive of feminism as a broad movement and welcome proposals that bring into focus intersectional concerns beyond gender, such as race, class, disability, gender identity, age, sexual orientation, national origin, and immigration status.
To apply, please email (1) a paragraph or two describing your area of expertise and your interest in this project; (2) your top two or three preferences from the list of cases below; and (3) whether you prefer to serve as an author of a rewritten opinion or an author of a commentary to a rewritten opinion. Please submit this information via email to the editors, Eloisa C. Rodriguez-Dod and Elena Maria Marty-Nelson, at firstname.lastname@example.org and email@example.com by Friday, April 26, 2019. The Feminist Judgments Project and the Property book editors are committed to including authors from diverse backgrounds. If you feel an aspect of your personal identity is important to your participation, please feel free to include that in your expression of interest. The editors will notify accepted authors and commentators by Monday, May 13, 2019. First drafts of rewritten opinions will be due on Monday, September 16, 2019. First drafts of commentaries will be due on Monday, October 28, 2019.
Tentative List of Cases:
- Moore v. City of E. Cleveland, 431 U.S. 494 (1977) (exclusionary zoning)
- Ass’n for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. 576 (2013) (patents)
- Sawada v. Endo, 561 P.2d 1291 (Haw. 1977) (tenancy by the entireties)
- Gruen v. Gruen, 496 N.E.2d 869 (N.Y. 1986) (inter vivos gifts)
- Coggan v. Coggan, 239 So. 2d 17 (Fla. 1970) (ouster of co-tenant)
- Phillips Neighborhood Hous. Tr. v. Brown, 564 N.W.2d 573 (Minn. Ct. App. 1997) (lease termination for illegal activity)
- Taylor v. Canterbury, 92 P.3d 961 (Colo. 2004) (secret severance of joint tenancy)
- White v. Samsung Elecs. Am., Inc., 971 F.2d 1395 (9th Cir. 1992) (publicity rights)
- Johnson v. M’Intosh, 21 U.S. 543 (1823) (Native American property rights)
- Dolan v. City of Tigard, 512 U.S. 374 (1994) (exactions/eminent domain)
- Bartley v. Sweetser, 890 S.W.2d 250 (Ark. 1994) (premises liability)
- Tate v. Water Works & Sewer Bd. of City of Oxford, 217 So. 3d 906 (Ala. Civ. App. 2016) (adverse possession and condemnation)
- Blake v. Stradford, 725 N.Y.S.2d 189 (Dist. Ct. 2001) (ejectment of domestic partner)
- Pocono Springs Civic Ass’n, Inc. v. MacKenzie, 667 A.2d 233 (Pa. Super. Ct.1995) (abandonment of real property)
Tuesday, April 2, 2019
From Mahsa Javid at Lawyers' Committee for Cultural Heritage Preservation:
- The Lawyers' Committee for Cultural Heritage Preservation will host its 10th Annual Conference: Contemporary Perspectives on Cultural Heritageon Friday, April 5, 2019 at Georgetown Law in Washington, D.C. For more information, please visit: https://www.culturalheritagelaw.org/2019-Conference
- The Lawyers' Committee for Cultural Heritage Preservation's 2019 Law Student Writing Competition is now open. Through this competition we encourage scholarship in cultural heritage law by recognizing law students for superior papers in the field. The deadline for submissions is Sunday, June 30, 2019. For more information, please visit: https://www.culturalheritagelaw.org/competition
Monday, April 1, 2019
I'm really excited about this book, which was published last year and just came across my desk.
1. Building Regulations and Urban Form: An Introduction
[Terry R. Slater and Sandra M.G. Pinto]
2. Islamic Building Regulations: The Fourteenth-Century Tunis Book and its Counterparts
[Mohd Dani Muhamad ]
3. Regulation of Private Building Activity in Medieval Lisbon
[Sandra M.G. Pinto]
4. Policies and Regulations in the Forming of Late-Medieval Trogir (Croatia)
[Ana Plosnić Škarić]
5. Streets and the Commune: Italy in the Late Middle Ages and the Renaissance
6. Building Regulations and Urban Development in Antwerp and Bruges, 1200-1700
7. Building Regulations and Urban Development in Late Medieval Elburg and Early Modern Amsterdam
[Jaap Evert Abrahamse and Reinout Rutte]
8. Early Modern Building Regulation in England: Midland Towns, 1400–1800
[Terry R. Slater]
9. Beautifying the City and Improving the Streets with Building Permits: Lyons, 1580–1770
[Bernard Gauthiez and Olivier Zeller]
10. Risk, (In)Security, Regulation and Architecture in Nouvelle France
[André Bélanger and Anne Bordeleau]
11. The Politics of Health: Urban Regulation and Planning in the Spanish Colonies During the Eighteenth Century
12. Regulating the Growth of Dublin, 1750–1850
13. The Development of Ottoman Urban Regulations: Istanbul, 1700–1900
[Işıl Çokuğraş and C. İrem Gençer]
14. Construction Regulations in Athens, 1833–1864: Creating a Metropolis
15. Building Regulations in Livonian Towns and Their Impact on Local Urban Space 1697–1904
This may only be funny to those who attended Berkeley...but I thought it might transcend.
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Thursday, March 28, 2019
From Scott Wiener's NYTimes op-ed:
California has long been seen as a leader on climate change. The state’s history of aggressive action to reduce air pollution, accelerate the use of renewable energy and speed the transition to a low-carbon, climate-resilient economy has inspired governments around the world to set more ambitious climate goals.
But there is trouble on the horizon, and California’s climate leadership is at risk.
Across most of the state’s economy, greenhouse gas emissions have been trending steadily down. But ballooning car traffic on city streets and freeways is negating much of that progress. In California, about 40 percent of greenhouse gas emissions are from transportation, and they are increasing. In some California counties, two-thirds of emissions are from vehicles.
In November, the California Air Resources Board released an updateon efforts to reduce pollution from transportation. The numbers were alarming. Despite headlines about California’s push for more electric vehicles, pollution from cars is still climbing. “With emissions from the transportation sector continuing to rise, California will not achieve the necessary greenhouse gas emissions reductions to meet mandates for 2030,” the board warned.
The solution? “Significant changes to how communities and transportation systems are planned, funded and built,” the board said.
Sunday, March 10, 2019
From Alan Weinstein...
The Planning & Law Division of the American Planning Association announces its 36th Annual Smith-Babcock-Williams Student Writing Competition. The Competition, which honors the memory of three leading figures in American city planning law (R. Marlin Smith, Richard Babcock, and Norman Williams) is open to law students and planning students writing on a question of significance in planning, planning law, land use law, local government law or environmental law. The winning entry will be awarded a prize of $2,000 and submitted for publication in The Urban Lawyer, the law journal of the American Bar Association's Section of State & Local Government Law. The Second Place paper will receive a prize of $400 and one Honorable Mention prize of $100 will also be awarded. The deadline for submission of entries is June 7, 2019 and winners will be announced by August 26, 2019. Please refer to the enclosed official rules for further details. Our past experience has shown that teachers in planning, planning law, land use law, local government law or environmental law are in an ideal position to stimulate student interest in research and writing and to encourage participation in the Competition. Each year, many of the entries appear to have been prepared initially for various courses or seminars. We hope you will add your support to the Smith-Babcock-Williams Student Writing Competition by encouraging your current and past students to submit entries.