Land Use Prof Blog

A COP 21 backgrounder

The big kickoff of COP 21 in Paris is upon us.  To keep up with all the acronyms and agreements flying about, readers might find "Process" section of the official COP 21 website to be especially useful.  For instance, there is a great summary of "essential background," which is reproduced below.  There are lots of links to anything you'd like to know more about, including land use topics like urban resiliency.

Your backgrounder:

Climate change in context

2013 - Key decisions adopted at COP19/CMP9 include decisions on further advancing the Durban Platform, the Green Climate Fund and Long-Term Finance, the Warsaw Framework for REDD Plus and the Warsaw International Mechanism for Loss and Damage. More on the Warsaw Outcomes.  2012 - The Doha Amendment to the Kyoto Protocol is adopted by the CMP at CMP8. More on the Doha Amendment. Several decisions taken opening a gateway to greater ambition and action on all levels. More on the Doha Climate Gateway.   2011 — The Durban Platform for Enhanced Action drafted and accepted by the COP, at COP17. More on the Durban outcomes. 2010 — Cancun Agreements drafted and largely accepted by the COP, at COP16. More on the Cancun Agreements. 2009 — Copenhagen Accord drafted at COP15 in Copenhagen. This was taken note of by the COP. Countries later submitted emissions reductions pledges or mitigation action pledges, all non-binding. 2007 — IPCC's Fourth Assessment Report released. Climate science entered into popular consciousness. At COP13, Parties agreed on the Bali Road Map, which charted the way towards a post-2012 outcome in two work streams: the AWG-KP, and another under the Convention, known as the Ad-Hoc Working Group on Long-Term Cooperative Action Under the Convention. More about the Bali Road Map. 2005 — Entry into force of the Kyoto Protocol. The first Meeting of the Parties to the Kyoto Protocol (MOP 1) takes place in Montreal. In accordance with Kyoto Protocol requirements, Parties launched negotiations on the next phase of the KP under the Ad Hoc Working Group on Further Commitments for Annex I Parties under the Kyoto Protocol (AWG-KP). What was to become the Nairobi Work Programme on Adaptation (it would receive its name in 2006, one year later) is accepted and agreed on. More about the Nairobi Work Programme. 2001 — Release of IPCC's Third Assessment Report. Bonn Agreements adopted, based on the Buenos Aires Plan of Action of 1998. Marrakesh Accords adopted at COP7, detailing rules for implementation of Kyoto Protocol, setting up new funding and planning instruments for adaptation, and establishing a technology transfer framework. 1997 — Kyoto Protocol formally adopted in December at COP3. More about the Kyoto Protocol. 1996 — The UNFCCC Secretariat is set up to support action under the Convention. More on the Secretariat. 1995 — The first Conference of the Parties (COP 1) takes place in Berlin. 1994 — UNFCCC enters into force. An introduction to the United Nations Framework Convention on Climate Change. 1992 — The INC adopts UNFCCC text. At the Earth Summit in Rio, the UNFCCC is opened for signature along with its sister Rio Conventions, UNCBD and UNCCD. More about the two other Rio Conventions: UNCBD and UNCCD. 1991 — First meeting of the Intergovernmental Negotiating Committee (INC) takes place. 1990 — IPCC's first assessment report released. IPCC and second World Climate Conference call for a global treaty on climate change. United Nations General Assembly negotiations on a framework convention begin. 1988 — The Intergovernmental Panel on Climate Change is set up. More about the science of climate change. 1979 — The first World Climate Conference (WCC) takes place.

Demographic Destiny 2050

This week, the Wall Street Journal posted a wonderful interactive series of graphics to explore the coming changes in world populations.  The demographic changes of the next 35 years will be truly staggering.  I have written about their impacts on land use in several articles; many other readers of the blog have also done great work in bringing together this information, as well.  I'd strongly suggest 15 minutes playing around with the WSJ's Demographic Destiny 2050 site.  Not only does it do a great job of conveying important information, it also does so with stories and beautiful and telling imagery.  

[Note:  access to the interactive site is not behind the WSJ paywall and is freely accessible.]

NYU Furman Center Job Opportunity

Legal Research Fellowship

The Furman Center for Real Estate and Urban Policy at New York University invites applications for a post-graduate legal fellowship. The Furman Center, jointly housed at NYU’s School of Law and its Wagner Graduate School of Public Service, is a leading academic research center devoted to the public policy aspects of land use, real estate development, and housing. The Furman Center’s law fellowships are designed for promising legal scholars with a strong interest in housing, local government, real estate, or land use law. The Fellow’s time is shared equally between independent research on topics of his or her choice and preparation to enter the academic job market, and Furman Center research projects, conducted jointly with faculty members, graduate students, and staff. In recent years, legal fellows have worked on projects addressing the legal impediments to the development of micro and accessory dwelling units in New York and other cities; an empirical and legal analysis of the use of transferable development rights in New York City; the economics and legal issues surrounding mandatory inclusionary zoning; and a number of projects addressing fair housing law. The Fellow also helps produce the Center’s annual State of New York City’s Housing and Neighborhoods report. The Law Fellow is invited to participate in faculty workshops, colloquia, and other scholarly forums at the NYU School of Law, and will have the opportunity to work with NYU law school professors and particularly with those who serve on the Center’s Advisory Committee. This two-year fellowship typically begins summer/fall. The position comes with a salary and generous benefits.

Qualifications

A J.D. degree, superior academic achievement, excellent writing skills, initiative, and a demonstrated interest in and commitment to scholarship are required.

To Apply

Applicants should submit a cover letter, curriculum vitae, scholarly writing sample, and the names and contact information of 3 references. Application materials and questions should be sent to [email protected]. Please include “Legal Research Fellowship” in the subject line. Applications will be given consideration until the position is filled. Review of applications will begin immediately and will be evaluated on a rolling basis. Only candidates of interest will be contacted.

New York University is an Equal Opportunity/Affirmative Action Employer.

"Meeting about Virginia mosque exposes deep divide"

Anti-Muslim sentiment has been rapidly increasing since the attacks in Paris.  Last week, this issue took on a land use angle when a meeting over the traffic impacts of the expansion of a mosque in Spotsylvania County, Virginia became deeply contentious, not over traffic, but about the fact that Muslims are in Virginia at all. As the Washington Post reports:

The meeting was intended to address traffic concerns around the proposed religious center but instead was taken over by half a dozen angry protesters calling the Muslim residents terrorists.

The outbursts of hatred came amid rising calls across the country to pause or end resettlement of Muslim refugees in the United States. Fredericksburg and the counties surrounding it have become popular places for Middle Eastern refugees lured by low housing prices and available jobs. But the fast-growing area 50 miles south of Washington retains a conservative and rural character. . .

The would-be mosque-builders were accused of planning a site for Syrian refugees or illegal immigrants. Attendee Elizabeth Wiley, 59, said that one of the protesters threatened her. “He said, ‘Yes, ma’am, I am threatening all of you,’ ” she recalled. A sheriff’s deputy stopped the meeting shortly after that encounter, according to the posted video. But Wiley and others said they wished the disrupters had been removed and detained.

However, "[s]ince the meeting was reported in the Fredericksburg Free Lance-Star, the Islamic Center has been flooded with letters and gestures of support."

Troubling times.

Jamie Baker Roskie

 

WSJ: Why White House Economists Worry About Land-Use Regulations

From the Wall Street Journal:

White House economic advisers have produced a steady diet of white papers this year to spotlight the puzzle of sluggish productivity, which economists want a better handle on because it helps explain why incomes for the broad middle class aren’t rising. Their latest target: land-use restrictions.

Housing is growing less affordable because there’s more demand for rental and, increasingly, owner-occupied housing, but little new supply. This hasn’t been a problem until recently—there’s been a considerable backlog of foreclosures and other vacant homes following last decade’s property bust. Throughout the housing slump, policy makers have focused on boosting demand by keeping mortgage rates low and expanding access to credit.

Now, there’s growing attention on what’s happening on the supply side. Some cities face supply constraints beyond their control. Coastal cities often see much pricier housing—and considerable price volatility—because there aren’t too many places left to build.

But other cities make things worse with zoning and other land-use restrictions that discourage production, said Jason Furman, chairman of the White House Council of Economic Advisers, in a speech Friday at a housing conference co-hosted byCoreLogic, a data company, and the Urban Institute, a think tank.

“Artificial constraints” on housing supply hinders mobility, and increasing mobility “is going to be an important part of the solution of increasing incomes and increasing incomes across generations,” Mr. Furman said. Zoning rules, of course, aren’t distributed randomly across the country, which means they’re “actually correlated with those places that have higher inequality,” he said.

This feeds a cycle in which cities that have more restrictions on land use have higher inequality, which further constrains mobility, which further exacerbates inequality, and so on.

Read the rest here.

Federal Judge Re-Opens Connecticut "Definition of Family" Case

Zoning ordinances that restrict occupation of single family homes to "families" are quite common.  My family and I have lived in two college towns - Athens, Georgia and Fort Collins, Colorado, both of which have and enforce these ordinances to restrict groups of young adults from living in single family neighborhoods. Challenges are not uncommon, but those challenges have had mixed success.

The latest battleground is Hartford, Connecticut, where a group of families are living in a mansion they jointly purchased.  From today's article in the Hartford Courant: 

The neighborhood controversy escalated to a federal lawsuit in March, when the adult members of the 11-person household — two couples with children, a couple with no children and two individuals collectively dubbed the Scarborough 11 — argued that the city was violating their constitutional rights to live together and raise children as a family through a partnership among good friends.

Since the plaintiffs in these types of challenges tend to be groups of single young adults living together, it will be interesting to see how this family group fares.

Jamie Baker Roskie

ASU Program on Law & Sustainability seeks entries for $10,000 Morrison Prize

 

Morrison Prize Contest

Arizona State University’s Program on Law and Sustainability is pleased to announce its Call for Entries for the 2016 Morrison Prize contest.

The Morrison Prize is a new $10,000 cash prize that will be awarded annually to the author(s) of the most impactful sustainability-related legal academic paper published in North America during the previous year. The 2016 prize winner(s) will present the winning paper in a plenary session at the second annual Sustainability Conference of American Legal Educators on May 13, 2016, at ASU’s Sandra Day O’Connor College of Law.

Eligibility Requirements:

The 2016 Morrison Prize contest is open to full-time law professors who have published environmental sustainability-related papers in printed U.S. or Canadian legal academic journals during the contest period. All papers appearing in a qualifying journal’s final 2014 issue or in an issue printed and circulated prior to November 15, 2015, fall within the 2016 contest period. Works-in-progress and papers that are not published in print form before the deadline are not eligible. Papers focused on topics in environmental law, water law, energy law, natural resources law, land use law, disaster law, climate change law, agricultural law meet the subject matter requirements for eligibility.

Judging Process and Criteria:

The Morrison Prize seeks to recognize the paper published within the eligibility period that is likely to have the most significant positive long-term impact on the advancement of the environmental sustainability movement. All eligible papers entered into the prize contest will undergo independent review and scoring by a diverse group of full-time law professors who teach in environmental sustainability-related areas at four different accredited North American law schools. The identities of these professors will be revealed at the Sustainability Conference of American Legal Educators in May 2016.

The contest scoring system focuses primarily on a paper’s (i) quality and originality of analysis (20%) and (ii) potential for real-world impact on policy developments directly related to environmental sustainability goals (80%). The author’s seniority, home institution, reputational stature and existing body of research are not relevant to the scoring process.
The Sandra Day O’Connor College of Law will announce the 2016 Morrison Prize winner and winning paper in February of 2016. The winner must present the winning paper at the May 2016 Sustainability Conference of American Legal Educators to claim the cash prize. A display in the College of Law’s new Center for Law and Society will honor all Morrison laureates and the generosity of Richard N. Morrison as the founder and funder of the prize.

How to Enter:

To enter the 2016 Morrison Prize contest, mail a cover letter and five (5) offprints of your qualifying paper to: Lauren Burkhart, Sandra Day O’Connor College of Law, P.O. Box 877906, Tempe, AZ 85287-7906. The deadline for submitting papers is November 30, 2015. For any questions regarding the contest, please contact Lauren Burkhart at (480) 965-2465 or [email protected].

 

 

 

ASU Sustainability Conference of American Legal Educators seeks panel and presentation proposals

 

Panel & Presentation Proposals

The conference will feature panels and presentations falling within one or more broad subject matter areas pertaining to sustainability, including but not limited to:

• Climate Change Law
• Energy Law
• Water Law
• Environmental Law
• Natural Resources Law
• Land Use and Zoning Law
• Agricultural and Food Law
• Disaster Law

Groups of four are invited to submit panel proposals involving these or any other sustainability-related areas of law. Freestanding presentation proposals from individuals are also welcome. There is no publication requirement.

Arizona State University will provide hotel lodging, meals, and up to $500 for travel expenses for all panelists and presenters.

Those interested in submitting proposals for group panels should click here. Those proposing individual presentations should click here.

The deadline for making submissions is December 31, 2015.

Questions regarding the conference and submission process should be directed to Lauren Burkhart, Center Director, at [email protected].

All submissions must include:

1. Brief presentation abstracts (one per presenter, each not to exceed 300 words) and
2. A current CV for each panelist or presenter

Selected panels and presenters will be notified of their selection by January 30, 2015, and will receive instructions for making travel arrangements at that time.

 

 

 

 

McSweeney's on the Four Horsemen of Gentrification

 

I am hopelessly behind on substantive blog posts, but I thought this post on McSweeney's was funny and deserved to be shared.  Hat tip to my friend Matt Davis, a preservationist...

 

The Four Horsemen of Gentrification

Then I saw when the Landlord broke one of the rent-controlled seals. I heard one of the four living creatures saying as with a voice of thunder, “Gentrify.” I looked, and behold, a green horse, and he who sat on it had a mason jar; and a fedora was his crown, and he went out pickling and to pickle.
— Millennials 6:1, New Standard Greenpoint Bible (NSGB)

Brine

Greenpoint biblical scholars from the early 21st century were the first to interpret this horseman as not only the emergence of artisanal pickle shops, but of all unnecessary goods. It is said that after Brine visits your village, products will be made out of coconut oil for no reason whatsoever. The horse’s green color represents the thousands of dollars that will soon be wasted on items like serrano pepper dishwashing liquid.

Read the rest on McSweeney's website here.

Land use law-related articles posted on SSRN in October

It's time for the monthly round-up of land use law articles posted to the SSRN Property, Land Use & Real Estate Law eJournal in October.  As usual, articles are listed here in reverse-order of their posting to the eJournal, which means the list is ordered so that those posting later in the month are on top.  The order here is not related to downloads.

Also, I have divided the articles into two lists:  those written by U.S. scholars and those written by international scholars.  I used the institutions as my guide; if I put an article on the wrong list, let me know and I'll fix it.  I also am not including articles written a long time ago and just now posted to the list, as the goal of this post is to prioritize what is new in scholarship.

Articles by scholars at U.S. institutions:

 Local Government Finance as Integrated System: The Uneasy Case for Using Special Districts in Real Estate Finance (A Response to Odinet's Super-Liens to the Rescue? A Case Against Special Districts in Real Estate Finance)
Washington and Lee Law Review Online, Vol. 72, No. 191, 2015
Darien Shanske 
University of California, Davis - School of Law 

 Texas Groundwater and Tragically Stable 'Crossovers'
2015 Brigham Young University Law Review 1283, U of Houston Law Center No. 2015-A-21
Zachary Bray 
University of Houston Law Center 

 Is an Apartment a Nuisance?
43 Real Est. L.J. 509 (2015), Touro Law Center Legal Studies Research Paper Series
Michael Lewyn 
Touro College - Jacob D. Fuchsberg Law Center 

 The Horne Dilemma: Protecting Property's Richness and Frontiers
Maryland Law Review, Forthcoming
Lynda L. Butler 
William & Mary Law School 

 How Cities Are Responding to the Urban Agriculture Movement with Micro-Livestock Ordinances
47 Urban Lawyer 85 (Winter 2015)
Jaime M. Bouvier 
Case Western Reserve University - School of Law 

 American Dreams, American Realities
44 Real Est. L.J. 292 (2015), Touro Law Center Legal Studies Research Paper
Michael Lewyn 
Touro College - Jacob D. Fuchsberg Law Center 

 Yes to Infill, No to Nuisance
42 Fordham Urb. L.J. 841 (2015), Touro Law Center Legal Studies Research Paper Series
Michael Lewyn 
Touro College - Jacob D. Fuchsberg Law Center 

 No Parking Anytime: The Legality and Wisdom of Maximum Parking and Minimum Density Requirements
54 Washburn L.J. 285 (2015), Touro Law Center Legal Studies Research Paper Series
Michael Lewyn and Judd Schechtman Rosenman 
Touro College - Jacob D. Fuchsberg Law Center and NYU Polytechnic School of Engineering 

 Defining Power Property Expectations
45 Environmental Law Reporter 10542 (2015), U of Maryland Legal Studies Research Paper No. 2015-38
Michael Pappas 
University of Maryland Francis King Carey School of Law 

Against the Neighborhood Veto
44 Real Est. L.J. 82 (2015), Touro Law Center Legal Studies Research Paper
Michael Lewyn 
Touro College - Jacob D. Fuchsberg Law Center 

 Property Rights on the Beach: Amicus Brief on Texas Open Beaches Act in Severance v. Patterson
Matthew J. Festa 
South Texas College of Law 

 Spaces for Sharing: Micro Units Amid the Shift from Ownership to Access
Fordham Urban Law Journal, Vol. 43, 2015, Forthcoming, Suffolk University Law School Research Paper No. 15-38
John Infranca 
Suffolk University Law School 

 From Social Recognition of Property to Political Recognition by the State: Peter Gerhart's 'Property Law and Social Morality' and the Evolution of Positive Rights
Texas A&M Journal of Real Property Law, Vol. 2, 2015
Christopher Serkin 
Vanderbilt Law School 

 Property's Ceiling: State Courts and the Expansion of Takings Clause Property
Virginia Law Review, Forthcoming
Maureen E. Brady 
Yale University - Law School 

 Sriracha Shutdown: Hot Sauce Lessons on Local Privilege and Race
Seton Hall Law Review, Vol. 46, No. 1, 2015
Ernesto Hernandez Lopez 
Chapman University, The Dale E. Fowler School of Law 

 The Use of Bank Contractors in Mortgage Foreclosure: Contractual Considerations and Liability Concerns
Real Property, Trust and Estate Law Section, American Bar Association, 29 Probate & Property (Jan./Feb. 2015)
Christopher K. Odinet 
Southern University Law Center 

Powers of Appointment in the Current Planning Environment
49 U. Miami Heckerling Institute on Estate Planning (2015), U Iowa Legal Studies Research Paper No. 15-21
Thomas P. Gallanis , Turney Berry and Sarah S. Butters 
University of Iowa - College of Law , Wyatt Tarrant & Combs LLP and Holland & Knight LLP - Jacksonville Office 

 Why the Accommodation Doctrine Should Not Apply to Groundwater Owners Under Coyote Lake Ranch v. City of Lubbock
HLRe: Off the Record (Houston Law Review), Forthcoming
Michael P. Vargo 
Independent 

 Horne v. Department of Agriculture: Expanding Per Se Takings While Endorsing State Sovereign Ownership of Wildlife
Maryland Law Review, Forthcoming
John D. Echeverria and Michael C. Blumm 
Vermont Law School and Lewis & Clark Law School 

 Waste Law
Washington & Lee Legal Studies Paper
Jill Fraley 
Washington and Lee University - School of Law 

 Cluster Competition

Lewis & Clark Law Review, Vol. 20, Forthcoming

Camilla Alexandra Hrdy 
University of Pennsylvania 

 Forest Policy and Tribal Rights
Hari Charan Behera 
Independent 

 Climate Change and Federal Crop Insurance
Boston College Environmental Affairs Law Review, Forthcoming
Chad G. Marzen and Grant Ballard 
Florida State University and Banks Law Firm 

 The Numerus Clausus Principle, Property Customs, and the Emergence of New Property Forms
Iowa Law Review, Vol. 100, 2015
Yun-chien Chang and Henry E. Smith 
Academia Sinica - Institutum Iurisprudentiae (IIAS) and Harvard Law School 

 The Role of Property Rights in the Debate on Large-Scale Land Acquisitions
Olivier De Schutter 
Catholic University of Louvain (UCL) 

 Foiled by the Banks? How a Lender's Decision May Support or Undermine a Jurisdiction's Environmental Policies that Promote Green Buildings
Michigan Journal of Environmental & Administrative Law, 2015, Forthcoming
Darren A. Prum 
Florida State University 

Papers posted by international scholars in October:

 

Extinction of a Praedial Servitude of Light
(2015) 5 Property Law Review 49
Pieter Badenhorst 
Deakin University, Geelong, Australia - Deakin Law School 

New Real Rights to Land in South Africa: A Twofold Test
Property Law Review
Pieter Badenhorst 
Deakin University, Geelong, Australia - Deakin Law School 

The Right to an Unchanging World. Indirect Expropriation in International Investment Agreements and the Search for 'Publicness' in Law
Ivan Pupolizio 
University of Bari - Law Department 

Fraud Against the Registrar -- An Unnecessary, Unhelpful and Perhaps, No Longer Relevant Complication in the Law on Fraud Under the Torrens System

(2014) 40(3) Monash University Law Review 821, UWA Faculty of Law Research Paper
Natalie Kym Skead and Penny Carruthers 
University of Western Australia - Faculty of Law and University of Western Australia - Faculty of Law 

 Enforcing Takings Clauses in China
Tsinghua China Law Review, Vol. 7, 2015
Jie Cheng 
University of British Columbia (UBC), Faculty of Law 

 La Protection Du Fiduciant (The Protection of the Settlor)
Cynthia Kombe Bosombisa 
Universite du Luxembourg 

 Contracting the Sustainable Marine Environmental Capacity Regulatory Mechanism
Haifeng Deng 
Tsinghua University - School of Law 

 Australian Water Law History: The Move from Introspective State Sovereignty to a National Interest Approach and the Influence of International Law
Sovereignty and International Water Law in the History of Water, Series III, Volume 2, 2015
Jennifer Margaret McKay 
University of South Australia - School of Law 

 Property's Sovereignty
Theoretical Inquiries in Law, Forthcoming
Larissa M. Katz 
University of Toronto - Faculty of Law 

 Contracting the Sustainable Marine Environmental Capacity Regulatory Mechanism
Tsinghua China Law Review, Vol. 7, 2014
Haifeng Deng 
Tsinghua University - School of Law 

 Projetos Institucionais em Disputa: Direito, Terras Indígenas E Conflitos Fundiários No Brasil (Institutional Projects in Dispute: Law, Indigenous Lands and Land Struggles in Brazil)
FGV Direito SP Research Paper Series No. 135
Ana Carolina Alfinito Vieira and Luiz Henrique Eloy Amado 
Max Planck Institute for the Study of Societies and Universidade Federal do Rio de Janeiro (UFRJ) 

 Hindu Women's Right to Property at the Crossroads: The Tension between Human Rights and Cultural Relativism
Journal of Society and Change Volume VIII, No. IV
Ifran Hossain Mollah 
Eastern University 

Land Alienation, Dispossession and Disempowerment: A Reappraisal of Constitutional Safeguards and Tribal Rights
Behera, H.C. (2014). "Land Alienation, Dispossession and Disempowerment: A Reappraisal of Constitutional Safeguards and Tribal Rights" in K.K. Misra and N.K. Das (eds.) Dissent, Discrimination and Dispossession Tribal Movements in Contemporary India, New Delhi: Manohar, 2014
Hari Charan Behera 

 Agricultural Land Market in Russia and Large Corporate Farms

VIAPI – Institute of Agrarian Problems and Informatics, Moscow, Russia., 
Natalia Shagaida 
Gaidar Institute for Economic Policy 

 Land Reform and Development of Agricultural Land Markets in Russia
Natalia Shagaida and Zvi Lerman 
Gaidar Institute for Economic Policy and Hebrew University of Jerusalem 

 Russia’s Policy of Agricultural Land Privatization: A Total Lack of Coherence
Russian Economic Developments, No. 2, 2014
Natalia Shagaida 
Gaidar Institute for Economic Policy 

 Защита Права Собственности в Свете Реформы Гк Рф (Protection of Property Rights in the Light of the Reform of the Civil Code of Russian Federation)
Maria Erokhova 
Russian Presidential Academy of National Economy and Public Administration (RANEPA) 

 The Impact of Tax and Non-Tax Policies on Adjusting Housing Prices in China

Journal of Chinese Tax and Policy, Vol. 4, Special, pp.73-88, April 2015
Zhaohui Long 
Zhongshan University 

 Influence of Property Tax on Household Consumption - Based on Calculation of Property Tax Burden
Journal of Chinese Tax and Policy, Vol. 4, Special, pp.100-113, April 2015
Weiqun Xi 
Jiangxi University of Finance and Economics 

Towards a Coherent Legal Regime for the Protection of Indigenous Peoples Land Rights in Kenya
‘Towards a Coherent Legal Regime for the Protection of Indigenous Peoples Land Rights in Kenya’ in Morris Mbondenyi, Evelyne Asaala, Tom Kabau and Attiya Waris (eds), Human Rights and Democratic Governance in Kenya: A Post 2007 Appraisal (Pretoria University Law Press, Pretoria 2015) 83-117, 
Tom Kabau 
Africa Nazarene University Law School 

 Introduction to Spontaneous Order and Emergence of New Systems of Property
Iowa Law Review, Vol. 100, 2015, NYLS Legal Studies Research Paper
Yun-chien Chang and Richard A. Epstein 
Academia Sinica - Institutum Iurisprudentiae (IIAS) and New York University School of Law 

 Native Title in Coastal and Marine Waters
Australian Coastal and Marine Law, 2011
Samantha Jane Hepburn 
Deakin University, Geelong, Australia - Deakin Law School