Friday, January 8, 2016
SABIN COLLOQUIUM ON INNOVATIVE ENVIRONMENTAL LAW SCHOLARSHIP
Columbia Law School
New York, New York
May 26-27, 2016
This 4th Annual Sabin Colloquium will allow junior environmental law scholars to present early-stage work and receive constructive feedback from a panel of senior scholars and from each other.
Eligible applicants are pre-tenure professors, fellows, visiting assistant professors, and other junior scholars in similar academic positions. Papers on environmental law, energy law, natural resources law or water law are eligible. No junior scholar may participate in the Colloquium more than twice.
The panel will select the proposals for discussion based on the degree of innovation they exhibit, the extent to which they point toward practical solutions to environmental problems, and whether, based on the scholarly and analytical quality of the proposals, they are likely to lead to high-quality work products.
To enter, please submit a cover letter, an outline or concept paper of 5 -15 double-spaced pages, and a C.V. to firstname.lastname@example.org by March 1. If an article has already been drafted, please just submit a summary of no more than 15 pages. Footnotes are not expected. Articles that have already been accepted for publication are not eligible. This event is for early-stage work that can still be significantly shaped by the discussion at the Colloquium.
Authors of selected papers will be notified by March 30. All Colloquium participants will be expected to participate in the full program (the afternoon and evening of May 26, and all day on May 27) and to read and comment on each others’ proposals. Thanks to the generosity of Andrew Sabin, the travel costs of all participants will be reimbursed.
The senior scholars who will be judging this year's competition and participating in the workshop will be:
Robin Kundis Craig -- University of Utah College of Law
John Dernbach -- Widener University Law School
Michael Gerrard -- Columbia Law School
Hari Osofsky -- University of Minnesota Law School
Thursday, January 7, 2016
March 9-11: Rocky Mountain Land Use Institute Conference: Western Places/Western Spaces: Examining the Past, Exploring the Future
Wednesday, January 6, 2016
For those who can't get enough sharing economy lectures, I just found out there is another panel on the sharing economy at the ABA's companion event to AALS. Here are the details...
Regulation of the Sharing Economy: Uber and Beyond, chaired by Jack Beermann
The program will take place from January 8, 2016 from 6:30 to 9:00 pm in the Empire East Room on the second floor of the Sheraton New York Times Square Hotel.
The program will begin by asking general questions about regulatory issues concerning the new “sharing economy” including vacation rental operations like Airbnb and ride-sharing companies like Uber and Lyft. It will then focus on the regulatory environment surrounding ride-sharing, presented by Uber’s chief regulatory lawyer, the general counsel of a leading taxicab board and a lawyer with 25 years of experience in legal and regulatory matters surrounding the taxicab industry. The intent is to engage in a wide-ranging discussion of the regulatory challenges facing industry and government in the face of evolving technology and consumer behavior.
This program is free and open to all, including a reception. The panel discussion will last an hour and there will be ample food and drink for the duration of the reception. RSVP to email@example.com to confirm your participation in person, as space is limited and we need a count.
Moderator: Jack Beermann, Professor of Law and Harry Elwood Warren Scholar, Boston University School of Law.
Speakers: Randy May, Founder and President, Free State Foundation. From October 1999-May 2006, May was a Senior Fellow and Director of Communications Policy Studies at The Progress & Freedom Foundation, a Washington, DC-based think tank. Prior to joining PFF, he practiced communications, administrative, and regulatory law as a partner at major national law firms. From 1978 to 1981, May served as Assistant General Counsel and Associate General Counsel at the Federal Communication Commission. He received his A.B. from Duke University and his J.D. from Duke Law School, where he serves as a member of the Board of Visitors.
Krishna K. Juvvadi, Senior Counsel at Uber Technologies, Inc., where he manages all regulatory matters in the United States. Prior to joining Uber, Mr. Juvvadi was a Partner at the law firm of Sher Leff LLP. While at Sher Leff, Mr. Juvvadi was as senior member of a trial team that won a unanimous jury verdict for $236,000,000 against ExxonMobil on behalf of the State of New Hampshire for statewide groundwater contamination. For his work on that trial, Mr. Juvvadi was awarded the California Lawyer Attorney of the Year and named a Finalist for Public Justice's Trial Lawyer of the Year. Prior to Sher Leff, Mr. Juvvadi was a Trial Attorney with the United States Department of Justice. Mr. Juvvadi received his J.D. from the University of California, Los Angeles School of Law and his B.A. from Northwestern University.
Peter Mazer, General Counsel to the Metropolitan Taxicab Board of Trade. Mr. Mazer was previously General Counsel and Chief Administrative Law Judge for the New York City Taxi and Limousine Commission. Mr. Mazer graduated from New York University and Fordham Law School. As Chief Administrative Law Judge, Peter Mazer supervised approximately 60 Administrative Law Judges and two Assistant Chief Judges and drafted and revised a new Manual for Administrative Law Judges. MTBOT is the country’s largest taxi fleet association. It represents 27 yellow medallion taxi fleets in New York City and over 3,500 medallion taxicabs – approximately 25% of the taxi industry.
Bernard N. Block, managing principal at the law firm of Alvin W. Block & Associates, Chicago, Illinois. Mr. Block’s his practice includes the areas of secured financing, business litigation and lender representation. Bernie has over 25 years of experience representing banks, finance companies and management companies in matters related to most aspects of Chicago Taxicab law, regulation, collateralization, license compliance and operation. Bernie has previously served as General Counsel for a national payroll finance & processing company and has worked extensively with Taxi industry trade groups and City of Chicago regulators. Bernie has a Bachelor of Science degree in Business Administration from Drake University and a JD from The John Marshall Law School (1984).
Saturday: AALS Crosscutting Program: Peer-to-Peer Consumption: Emerging Legal Issues in the New Sharing Economy
I'll be speaking at a cross-cutting panel at AALS on the sharing economy this Saturday. If you'll be at AALS, please stop by! Details:
10:30 am – 12:15 pm AALS CROSSCUTTING PROGRAM
Sutton Center, Second Floor, New York Hilton Midtown
Peer-to-Peer Consumption: Emerging Legal Issues in the New Sharing Economy
Moderator: Diane M. Ring, Boston College Law School
Paul L. Caron, Pepperdine University School of Law
Stephen R. Miller, University of Idaho College of Law
Timothy Mulvaney, Texas A&M University School of Law
Shu-Yi Oei, Tulane University School of Law
Brishen Rogers, Temple University, James E. Beasley School of Law
Sarah Schindler, University of Maine School of Law
David Schleicher, Yale Law School
The past few years have seen the rise of a new model of production and consumption of goods and services grounded in peer-to-peer transactions. In this so-called “sharing economy,” startups such as Uber, Airbnb, Lyft, and TaskRabbit enable consumers to summon rides, rent accommodations, or hire help from peers via the internet or a mobile phone application. On the supply side, sharing enables owners of homes and vehicles, or those who possess certain skills to monetize those assets or skills into income streams. The technological platforms employed by these startups enable individual producers and consumers to transact with each other with unprecedented ease. Commentators suggest that the sharing economy is transforming the way people consume and supply goods and services, and that sharing arrangements have the potential to significantly affect traditional industries and models of employment and business. As such, the sharing economy raises important legal and regulatory issues, including questions of whether and how the new startups should be regulated and questions about the appropriate relationship between regulation and innovation. This panel will examine a variety of legal issues raised by the sharing economy, including questions of property, tax, labor, consumer protection, employment discrimination, privacy, and local government law.
Tuesday, January 5, 2016
2 Year Fixed Term Position - (two-year position with the possibility of a third year renewal by mutual consent and approval).
The Teaching Fellow for the Stanford Law School LLM Program in Environmental Law & Policy will work with LLM student candidates in the program. The fellow will assume significant academic, advising and administrative responsibilities. He or she will be responsible for organizing and teaching three quarters of a colloquium addressing current issues and scholarship in the environment, energy, other natural resources, and related fields. The fellow will also organize and facilitate informal workshops, outside speakers, and academic and social events; be responsible for day-to-day administrative management of the LLM program; advise and counsel LLM candidates on academic and personal issues; respond to inquiries from prospective LLM applicants; and interact with our faculty in support of the LLM program goals and needs. The fellow will work with the Executive Director of International Graduate Programs, and under the supervision of Professor Barton Thompson. The fellow will also fully participate in the admissions process, working under the guidance of the Associate Dean for Admissions, to admit the new class. Although this is a full time position, the fellow will have a reasonable amount of time to conduct his or her own research, and will have access to environmental and other faculty at the law school for feedback on their research.
Candidates for this position are expected to have strong academic records and references. Professional experience in the area is also valuable. This position is intended primarily for people who expect to pursue an academic career in a field that is reasonably related to environmental or resource law, although others may apply. Candidates must hold a JD, JSD or LLM from a U.S. law school. Applicants are expected to commit to this position for a two-year term. A third year is possible by mutual consent and approval. This is not a long-term teaching opportunity.
Those interested should apply on-line, summarizing their complete educational qualifications and experience, as well as any other information that might help us in making selections. Each applicant should also send us an official law school transcript, a resume, copies of any publications, and three letters of recommendation (at least two from law professors) commenting on the applicant’s suitability for the position in terms of teaching ability, analytic capability, interpersonal skills, and writing ability.
Application Deadline: February 19, 2016
To apply, applicants must submit their application electronically through the applicant tracking system at https://stanfordcareers.stanford.edu/job-search?jobId=69498
If you have any questions about the application process, please contact Angela Antia at firstname.lastname@example.org.
Location: School of Law
Classification Level: H99
Monday, January 4, 2016
Distinguished Professor of Law, Pace Law School
Counsel, Land Use Law Center
The Need for Public Regulation of Land Use – The First Comprehensive Zoning Law
January 4, 2016
2016 is the 100th anniversary of the adoption of the first city-wide comprehensive zoning law. Its original purpose was to create districts that separated incompatible land uses and building types in order to protect property values and promote the health, safety, and welfare of the community. 100 years later, zoning is used to achieve an impressive number of public objectives such as permitting transit oriented development, creating green infrastructure, preserving habitat, species, and wetlands, promoting renewable energy facilities, reducing vehicle miles traveled, and preserving the sequestering landscape.
Zoning’s progress has been a long and dramatic journey. What was considered the appropriate use of the land in 1916 when the nation’s population was 102 million differs greatly from today’s notions--with over 300 million people, many of whom are abandoning rural communities and remote suburbs and moving into denser urban areas seeking livable, transit-oriented neighborhoods and settling in close proximity on land whose natural resources must be preserved for their health and enjoyment. One hundred years ago, the challenge concerned civil engineering and city building in urban areas; today it focuses on all aspects of land development and natural resource conservation in rural, suburban, and urban settings: all challenged by global warming.
Zoning grew abruptly out of the recognized power of local governments to protect residents from nuisance-like land uses and to achieve an appropriate scale of development in selected neighborhoods. Local officials understood that the ponderous process of civil law nuisance suits between individual property owners was not sufficient to protect larger areas within their jurisdictions. Locally-legislated height restrictions, for example, were validated in 1909 by the U.S. Supreme Court (Welch v. Swasey). In 1915, the Court upheld use restrictions that prohibited downtown riding stables (Reinman v. Little Rock) and brick manufacturing in Los Angeles (Hadacheck v. Sebastian).
These early precedents, however, fell far short of creating comprehensive standards for city building, designed to protect property owners and neighborhoods from incompatible land uses. This changed when the first comprehensive zoning law was adopted by New York City. A new subway system, the construction of new high rise buildings, the rapid expansion of the garment district, and increasing congestion in the streets struck fear into the hearts of building owners and businesses in Wall Street and the posh Fifth Avenue retail neighborhood. They called for reform, a study was done, a commission established, hearings held, and on July 25th, 1916 the City was ready with an ordinance, which was adopted by the Board of Estimate and Apportionment by a vote of 15 to one. This was the first zoning ordinance of its kind in the U.S., regulating land uses and building types in all neighborhoods of the City.
Cities are not sovereign entities; they get their legal authority from the state. New York City’s zoning law, for example, was enabled by a 1914 act of the state legislature, which amended the City’s Charter to authorize it to control land use. Twenty state legislatures, plus the District of Columbia, followed suit by adopting some form of zoning enabling act by 1921. In other states, many localities rushed to adopt zoning laws in the absence of state authority, risking invalidation due to their lack of legal authority. The need for enabling acts in all states and for a uniform and effective method of delegating control of land use to municipalities led to the promulgation of a model zoning enabling act by a national commission in 1922.
For more information, see Historical Overview of the American Land Use System: A Diagnostic Approach to Evaluating Governmental Land Use Control; http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1345450
Saturday, January 2, 2016
Over the past few weeks, we have looked back at the entire year of land use scholarship; today, we turn to our usual first-of-the-month post highlighting those articles posted to the SSRN Property, Land Use & Real Estate Law eJournal in the last month. The articles are listed here in reverse chronological order of their original posting within the month of December. As I have for the past few months, I have separated the articles into two categories: those by scholars at U.S.-based institutions, and those by scholars at non-U.S-based institutions.
Scholars at U.S.-based institutions:
The Fundamental Right to Property in the Indian Constitution
Harvard Law School
How Genetics Might Affect Real Property Rights
Journal of Law, Medicine and Ethics, Vol. 44, No. 1, 2016
Mark A. Rothstein and Laura Rothstein
University of Louisville - Institute for Bioethics, Health Policy, and Law and University of Louisville - Louis D. Brandeis School of Law
Conservation Easements and the Valuation Conundrum
Forthcoming in 19 Florida Tax Review __ (2016)
Nancy A. McLaughlin
University of Utah S.J. Quinney College of Law
The Severability of Dual-Purpose Leases in the Appalachia
Brian M. Lucot and Jeff M. Stacko
Burleson LLP. -Pittsburgh and Burleson LLP. -Pittsburgh
The Fair Market Value of Public Resources
California Law Review, Vol. 103, No. 6, 2015
Bruce R. Huber
Notre Dame Law School
Incumbent Landscapes, Disruptive Uses: Perspectives on Marijuana-Related Land Use Control
Journal of Property Law (Texas A&M), Vol. 3 (2016 Forthcoming)
Donald J. Kochan
Chapman University, The Dale E. Fowler School of Law
When Winning Means Losing: Why a State Takeover of Public Lands May Leave States Without the Minerals They Covet
Wallace Stegner Center For Land, Resources, and the Environment, Paper No. 2015-02
John Ruple and Robert B. Keiter
University of Utah - S.J. Quinney College of Law
Realigning the Governmental/Proprietary Distinction in Municipal Law
University of Washington School of Law Research Paper
Hugh D. Spitzer
University of Washington School of Law
Cohabitants, Choice, and the Public Interest
in Elizabeth Brake and Lucinda Ferguson (eds), Philosophical Foundations of Children's and Family Law (OUP) [Forthcoming]
McGill University - Faculty of Law
Legislative Exactions and Progressive Property
Harvard Environmental Law Review, Forthcoming
Timothy M. Mulvaney
Texas A&M University - School of Law
Screwdriver or Screwed? Legal Tools for the Do-it-Yourselfer Tool Box
Real Estate Review, Forthcoming
Nancy J. White and Deborah M. Gray
Central Michigan University and Central Michigan University - Department of Marketing and Hospitality Services Administration
Brand: Modern Realty Transfers’ Iconic Dimension
Real Property, Probate and Trust Law Journal, Forthcoming, Arizona Summit Law School Paper Series A-2015-03
Michael N. Widener
Arizona Summit Law School
Takings and Mitigation
Timothy R. Wyatt
Wake Forest University - School of Law
(Ground)Waters of the United States: Unlawfully Excluding Tributary Groundwater from Clean Water Act Jurisdiction
Environmental Law, Vol. 46, No. 2, 2016
Michael C. Blumm and Steven M Thiel
Lewis & Clark Law School and Lewis & Clark Law School
Financing Local Food Factories
Fordham Urban Law Journal, Forthcoming
Stephen R. Miller
University of Idaho College of Law - Boise
Bankruptcy and Federal Crop Insurance
Virginia Environmental Law Journal, Forthcoming
Chad G. Marzen
Florida State University
Reframing Ameliorative Waste
American Journal of Comparative Law, Forthcoming, Tulane Public Law Research Paper No. 15-15
Sally Brown Richardson
Tulane University - Law School
The Local Official, Climate Change, and the IPCC Fifth Assessment
Contemporary Issues in Climate Change Law and Policy: Essays Inspired by the IPCC (Robin Craig & Stephen R. Miller eds., Environmental Law Institute) (2016, Forthcoming)
Stephen R. Miller
University of Idaho College of Law - Boise
What Do Community Benefits Agreements Deliver? Evidence from Los Angeles
Journal of the American Planning Association, Vol. 81, No.4, 2015, pp.251-267, UC Irvine School of Law Research Paper No. 2015-96
University of California, Irvine - Department of Planning, Policy and Design
Preparing Our Housing for the Transition to a Post-Baby Boom World: Reflections on Japan's May 26, 2015 Vacant Housing Law
Cityscape: A Journal of Policy Development and Research, Volume 17, Number 3, 2015
Scholars based at non-U.S. institutions:
We Built This City: Public Participation in Land Use Decisions in Singapore
Asian Journal of Comparative Law, December 18, 2015 (DOI: 10.1017/asjcl.2015.15)
Jack Tsen-Ta Lee
Singapore Management University - School of Law
Building Management Statements and Strata Management Statements: Unholy Mixing of Contract and Property
(2013) 87 Australian Law Journal 393-403
Cathy S. Sherry
University of New South Wales (UNSW) - Faculty of Law
Property Rights in the Process of Privatization of the Polish Energy Sector
Research Papers of Wrocław University of Economics (Prace Naukowe Uniwersytetu Ekonomicznego we Wrocławiu), issue: 402, pages: 70-83, 2015,
Ireneusz Dąbrowski and Zbigniew Staniek
Warsaw School of Economics (SGH) and Warsaw Management University
שיתוף הציבור בחוק התכנון והבנייה: המצוי והרצוי - ואדי נסנאס כמקרה־בוחן
(Public Participation in the Israeli Planning Law: Wadi Nisnas as a Test Case)
MISHPAT UMIMSHAL 10: LAW AND GOVERNMENT IN ISRAEL 701, 2007
Bar Ilan University
Introduction to Blackstone, Commentaries on the Laws of England, Book II
Introduction to Commentaries on the Laws of England, Book II (Oxford University Press, 2016) (The Oxford Edition of Blackstone, Wilfrid Prest, general editor, Forthcoming)
University of Toronto - Faculty of Law
Law, Collective Action and Culture: Condominium Governance in Comparative Perspective
Asia Pacific Law Review, Vol. 23, No. 2, 2015
Interdisciplinary Center Herzliyah - Radzyner School of Law
Los Derechos De Los Inversores Extranjeros Sobre La Tierra Según Los Tratados De Protección De Inversiones: Una Visión Desde Latinoamérica (Foreign Investor Land Rights According to International Investment Treaties: A Latin American Perspective)
Borrador a ser publicado en el Anuario Colombiano de Derecho Internacional (2016)
Universidad Externado de Colombia
Compulsory Acquisition, Public Benefits and Large-Scale Private Sector Redevelopments: Can Australia Learn from the United Kingdom?
Local Government Law Journal, Vol. 19 (2014), Griffith University Law School Research Paper No. 15-05
Griffith University - Griffith Law School
הכלה והדרה במרחב הישראלי: הזכות לקניין כמפתח לפתרון סוגיית ההדרה הגיאוגרפית
(Inclusion and Exclusion in the Israeli Space: The Right to Property as a Key to Resolve Israel's Geographic Exclusion Debate)
עיוני משפט ל"ז התשע"ד
37 Tel Aviv Uni. Law Review (2013),
Bar-Ilan University - Faculty of Law
Tradable Development Rights Under Uncertainty: An Experimental Approach
Till Proeger , Lukas Meub and Kilian Bizer
University of Goettingen (Gottingen) , University of Goettingen (Gottingen) and University of Goettingen (Gottingen)
Recursos Governatius. Doctrina De La Direcció General De Dret I D’Entitats Jurídiques (Abril-Maig 2015) [Comments on the Decisions of the Catalan Directorate General of Law and Legal Entities (April-May 2015)]
InDret, Vol. 4, 2015
University of Barcelona
Friday, January 1, 2016