Tuesday, October 30, 2012
James S. Burling (Pacific Legal Foundation) has posted The Uses and Abuses of Property Rights in Saving the Environment, 1 Brigham-Kanner Property Rights Conference Journal 373 (2012). The abstract:
While freedom and property may be inseparable, the temptation to sacrifice one or the other to seemingly more critical societal goals is ever present. In the past century, the environmental-related limitations on property have progressed from zoning to advance the social welfare, to utilitarian conservation to preserve the human environment, and more lately to the preservation of the environment for its own sake. With each step, property rights have been impacted further. From the imposition of zoning, to regulatory restrictions on the use of property, and to the mechanism of conservation easements, the control of property by the owners of property has diminished. If freedom and property are truly interrelated, there may be troubling implications on the future of freedom.
Wednesday, October 24, 2012
Carol M. Rose (Arizona) has posted Property and Emerging Environmental Issues--The Optimists vs. the Pessimists, 1 William & Mary Brigham-Kenner Property Rights Conference Journal 405 (2012). The abstract:
Can property rights and markets address environmental issues? Some say yes and some say no. This article tracks the debate through several iterations, beginning with the 1980 bet between by the biologist Paul Ehrlich and the economist Julian Simon. The former bet that the world was exhausting its natural capital and that a particular basket of minerals would therefore increase in price, while the latter bet that human ingenuity would substitute for natural capital and make prices fall. The optimistic Simon won that bet, but another version of the debate was soon to come, with free market environmentalists asserting that property and markets can evolve even for diffuse environmental resources. But more pessimistic commentators point out that success is not assured, and that social and political factors, and even past property rights regimes, can present substantial obstacles. The upshot appears to be that if one is to be optimistic about property and market approaches, one must be optimistic about social and political factors as well.
Tuesday, October 9, 2012
This month's installment of the ABA Section on Real Property's "Professor's Corner"--a free monthly teleconference featuring scholars' takes on important new property cases and issues--will feature a really hot topic, the proposal for municipal governments to take property by eminent domain to combat the mortgage/foreclosure crisis. The info, via David Reiss (who also recently posted a related public comment):
The program is Wednesday, October 10, at 12:30 pm EDT; 11:30 am CDT; 10:30 am MDT; 9:30 am PDT.
Participant Passcode: 5577419753
This month’s topic is Can/Should Municipalities Use Eminent Domain to Take Mortgages to Facilitate Mortgage Modifications? This conference call will be moderated by Professor James Geoffrey Durham, University of Dayton School of Law. Professor Steven J. Eagle, Professor of Law, George Mason University School of Law, is one of the nation’s leading scholars on eminent domain and regulatory takings. Professor Eagle will discuss whether it is possible for local governments to use eminent domain to acquire notes secured by mortgages in order to resell them to a private party which will then modify them, both under the 5th Amendment to the U.S. Constitution and also under state constitution taking clauses as they have been limited by amendments and statutes seeking to define what is a public use. Professor Robert C. Hockett, Professor of Law, Cornell Law School, is the scholar who in June proposed that municipalities could use eminent domain to acquire mortgages, in order to facilitate mortgage modifications to benefit underwater homeowners, in his article: It Takes a Village: Municipal Condemnation Proceedings and Public/Private Partnerships for Mortgage Loan Modification, Value Preservation, and Local Economic Recovery (download paper). Professor Hockett will discuss his proposal, which has received widespread attention. Professor Dale A. Whitman, James E. Campbell Missouri Endowed Professor Emeritus of Law, University of Missouri, Columbia, School of Law, is one of the premier experts on American property law and one of the nation’s foremost mortgage law scholars. Professor Whitman will discuss the impact that implementation of Professor Hockett’s proposal might have on the mortgage markets.
Check out the free telecast on this very interesting and current issue.
October 9, 2012 in Conferences, Eminent Domain, Financial Crisis, Housing, Local Government, Mortgage Crisis, Mortgages, Property, Real Estate Transactions, Scholarship, Takings | Permalink | Comments (0) | TrackBack (0)
The Ninth Annual Brigham-Kanner Property Rights Conference is taking place this week at William & Mary law school in Williamsburg, VA. The conference, named for Toby Prince Brigham and Gideon Kanner, brings together many of the very top property scholars in the country as well as members of the bench and bar. This year the Brigham-Kanner Prize will be presented to Professor James E. Krier (Michigan).
The conference will take place this Friday, Oct. 12, following a Thursday evening event. The conference program looks fantastic and features many of the leading property scholars in the nation. There is still time to register on-line, and I have also been informed that walk-ins are welcome. If you can be there it looks to be a great event.
Tuesday, August 28, 2012
UMKC Law and the ABA Section on State & Local Government are hosting an education law symposium with The Urban Lawyer, preceded by the 2012 Gage Lecture, featuring Nicole Stelle Garnett (Notre Dame) on "School Closures in Urban Neighborhoods: Lesson's from Chicago's Catholic Schools."
Thursday, Oct. 4, 2012 | 6:30 p.m.
UMKC School of Law's Thompson Courtroom
What Happens When You Close Urban Schools
America’s educational landscape is changing with the rapid disappearance of Catholic schools from the urban core. Yet, studies show negative effects on neighborhoods when schools close. Scholar Nicole Garnett will discuss what this means for urban and educational policy.
Professor Garnett's lecture is free and open to the public; the program and registration for the Oct. 5 symposium are available at the website.
Wednesday, August 22, 2012
The University of San Diego School of Law will host the Fourth Annual Climate & Energy Law Symposium on Friday, Nov. 9, 2012. This year's title is Law in a Distributed Energy Future. Here is the symposium overview:
The University of San Diego School of Law's fourth annual Climate and Energy Law Symposium will examine emerging law and policy approaches to encourage and accommodate distributed energy solutions. Historically, electricity has been generated by large power plants located far from consumers and delivered via long transmission lines. While that model remains largely intact, a gradual shift is occurring toward more localized energy production.
The symposium will bring together legal and policy experts from across the country to address a variety of key issues including the latest developments in the rules that govern the electricity grid change to incorporate distributed generation, possibilities for generating energy at the neighborhood and community levels, the legal and policy innovations at the federal, state and local levels that are most needed to usher in a distributed energy future.
Keynote addresses will be given by Commissioner Carla Peterman of the California Energy Commission, and Ken Alex, senior policy advisor to California Governor Jerry Brown and director of the Office of Planning and Research. The program and registration info are at the website.
Sunday, July 29, 2012
Here's a great opportunity for the local government scholars among us (Full disclosure for those who don't want to scroll to the bottom: I am one of the conference organizers)
Call for Papers: Local Government Law Works-in-Progress Conference
Marquette University Law School is pleased to announce that it will host the first annual
Local Government Law Works-in-Progress Conference on Friday, September 21, 2012
(possibly Saturday, September 22, 2012 as well, depending on interest). The conference
will provide an opportunity for local government law scholars to present works-in-
progress and receive feedback from their colleagues in the field.
Registration Deadline: Monday, August 13, 2012
Register: [Link] (https://mulaw.wufoo.com/forms/local-government-law-worksinprogress-conference/)
Abstracts and Papers: Deadline Tuesday, September 4, 2012; submit papers to
Matt Parlow, Associate Dean for Academic Affairs, Marquette University Law School
Ken Stahl, Associate Professor of Law, Chapman University School of Law
Rick Su, Associate Professor of Law, SUNY Buffalo Law School
Ambassador Hotel (ask for MULS rate)
2308 W. Wisconsin Ave.
Milwaukee, WI 53233
Rate: $109 (plus applicable taxes)
For more information, please contact Matt Parlow at [email protected]
Tuesday, July 24, 2012
Over at Property Prof, Steve Clowney gave well-deserved kudos to two property professors who were selected to present their papers at the prestigious Harvard/Stanford/Yale Junior Faculty Forum this summer.
I should add, though, that these two rising stars are not just property profs, but land use profs in their teaching and research. Our own Land Use Prof blogger Ken Stahl (Chapman) presented his very interesting paper Local Government, One Person/One Vote, and the Jewish Question, and Ashira Ostrow (Hofstra) presented her forthcoming article Land Law Federalism.
Congrats to both, and way to represent those of us in the property and land use junior ranks!
Tuesday, July 10, 2012
News of a great Colloquium being planned for next year at the University of Maine School of Law, via Sarah Schindler:
The Maine Law Review invites you to participate in its 2013 Food Law Colloquium. The Colloquium presents an opportunity for discussion and debate about the legal architecture of food systems in Maine, the United States, and beyond. To complement the Colloquium, the spring volume of the Review will be devoted to high-quality legal scholarship focusing on a wide range of food law topics.
The Maine Law Review seeks submissions of papers for oral presentation at the Colloquium and for publication in its Spring 2013 volume. We invite contributions in the form of articles or essays addressing any aspect of food law. Topics may include, but are not limited to: local food ordinances and states’ rights movements; the effects of the 2012 Farm Bill on small-scale agriculture; food safety and security; judicial responses to competing interests of seed patent owners and farmers; the challenges of securing financing for farmland conservation; administrative hurdles confronting the seafood industry; cooperatives and securities law; comparative analyses of food law frameworks; and emerging issues in food law. Although traditional, full-length papers are welcome, we principally seek shorter essays (roughly 8,000 to 15,000 words, including references) that will stimulate lively discussion at the Colloquium.
Draft abstracts and queries may be addressed to Aga Pinette, Editor-in-Chief, at [email protected], no later than September 30, 2012. Please accompany submissions with a curriculum vitae, and indicate your willingness and availability to travel to Portland, Maine, to participate in the Colloquium in February or March 2013.
Saturday, June 16, 2012
Here is a call for papers that may be of interest to some of our readers. I would love to submit somthing myself, but it seems like this is the 100th event scheduled for October 12th.
Call for Papers: Washington and Lee's "Climate Change in the Former Colonies: Challenges of Property and History"
From the CFP:
Washington and Lee University School of Law’s Law and History Center, in partnership with Virginia Sea Grant, will host a symposium on Climate Change in the Former Colonies: Challenges of Property and History. Recognizing the unique impact that the colonial legal experience continues to have on Eastern states, the symposium will focus on the application of legal historical research to contemporary problems and opportunities in the areas of policy-making, property rights, and hazard resilience in coastal communities. Panel presentations and potential topics include:
- How the colonial legal experience affects modern property rights and our responsiveness to climate change
- Historical and modern property doctrines—particularly nuisance, zoning, and eminent domain—and their relation to current climate change challenges and policies
- Changing notions of acceptable land use and natural resources
- Environmental hazard resilience policies and opportunities for their enhancement via legal strategies
We are open to suggestions of other related topics.
You can download the full CFP here:
Friday, June 15, 2012
Via Congress for the New Urbanism, I came across this link to what looks like a great panel discussion hosted by the Cato Institute and cosponsored by Next American City, called "The Death and Life of Affordable Housing." Here is the link to the video. The session features a terrific lineup of thoughtful commentators. From the event description:
Featuring Ryan Avent, Author of The Gated City; Adam Gordon, Staff Attorney, Fair Share Housing; Randal O'Toole, Senior Fellow, Cato Institute, and author of American Nightmare: How Government Undermines the Dream of Homeownership; Matthew Yglesias, author of The Rent Is Too Damn High; moderated by Diana Lind, Executive Director and Editor-in-Chief, Next American City. . . .
The Cato Institute and Next American City will jointly host a panel discussion about housing and development policy in American cities. For several decades, U.S. policymakers have grappled with how to make housing more affordable for more people. In the past year, several new books have claimed that various government tools, such as zoning and subsidies, have limited people's access to desirable, affordable housing—while other leading thinkers have suggested that markets alone will not create socially, economically, and environmentally sustainable communities. With a shared goal of creating livable, affordable communities for all people—but diverging ideas of how to get there—the panel will give voice to a range of perspectives on the hotly debated issue of how to shape 21st-century American cities.
I plan to check it out this weekend. Enjoy,
June 15, 2012 in Affordable Housing, Books, Conferences, Development, Environmentalism, Housing, Lectures, Planning, Scholarship, Sustainability, Urbanism, Zoning | Permalink | Comments (0) | TrackBack (0)
Prof. Julian Juergensmeyer (Georgia State) writes to inform us about what looks like a truly fascinating opportunity:
The Center for the Comparative Study of Metropolitan Growth is pleased to announce a Study Space Program in Istanbul, Turkey March 31- April 6, 2013.
A Study Space is a week-long intensive workshop, in which academic scholars and professionals come together to study and develop solutions to the challenges being faced by cities throughout the world. This program will focus on disaster preparedness from an interdisciplinary perspective of land use policies, building restrictions, and the handling of environmental refugees. It will be a collaboration with the Payson Center for International Development at Tulane University's Law School in New Orleans and the law school at Bahcesehir University in Istanbul, Turkey.
The workshop will use the issue of earthquakes in Turkey as a focused topic and also as a springboard toward a larger discussion of disaster preparedness and urban land use in the modern world. Contact Prof. Juergensmeyer for any questions. With its interdisciplinary and transnational basis, this is surely going to be a really rewarding event.
Thursday, June 14, 2012
I meant to post this when it came out late last month but exam grading swallowed me up for a while; many of you have probably already seen this announcement elsewhere. Anyway, tomorrow (June 15) is the deadline to submit abstracts for what will surely be one of the highlights at next year's AALS. Via Shelley Saxer and Tim Mulvaney:
The AALS Section on Property is pleased to announce a Call for Papers for its joint program with the AALS Section on Natural Resources & Energy Law during the AALS 2013 Annual Meeting in New Orleans, LA. This joint program, entitled “40 Years of Environmental and Natural Resources Law: A Prospective Look,” will forecast how the law surrounding environmental and natural resources might change in the four decades to come. It is scheduled for Monday, January 7, and accompanies a companion program jointly sponsored by the AALS Sections on North American Law and Environmental Law, which is entitled “40 Years of Environmental and Natural Resources Law: A Retrospective Look.” Therefore, this event in its entirety will include four interrelated one-and-one-half-hour sessions.
The specific session organized by the Section on Property is centered on “A Prospective Look at Property Rights.” Broadly speaking, the panelists will examine the legal and political issues that local, national, and international communities confront in seeking to balance public and private interests in the face of significant modern environmental and natural resource challenges. The Section on Property seeks one to two papers that will advance this session’s theme and complement the scholarly perspectives of the following speakers: Maxine Burkett (University of Hawaii School of Law), Steven Eagle (George Mason University School of Law), John Echeverria (Vermont Law School), and Carol Rose (invited) (University of Arizona College of Law). The George Mason Law Review has agreed to publish papers emanating from this session’s presentations in the spring of 2013.
Full-time faculty members of AALS member and fee-paid law schools are invited to submit an abstract not exceeding one page by e-mail to Shelley Saxer (Pepperdine University School of Law), the Chair of the Section on Property Law, at [email protected] by June 15, 2012. Professor Saxer will select one or two of the submissions for inclusion in the program in consultation with the Section’s officers. Submitting authors will be notified of the results of the selection process by July 1, 2012. To assure timely publication, selected authors should plan to submit their papers of 7,000-8,000 words above the line to the George Mason Law Review by November 1, 2012. The selected authors will be responsible for paying their annual meeting registration fee and travel expenses. Questions should be directed to Professor Saxer at the above-noted email address.
Tuesday, June 12, 2012
I have been a bit quiet on the blog these past few days because I have been busy attending some amazing events. I already told you all about Widener's Constitutional Environmental Rights Workshop that I found inspiring for kick starting some long-planned work on the Public Trust Doctrine, but I also want to take a moment to praise a new Junior Environmental Law Scholar Works-in-Progress Workshop.
Amanda Leiter of American University's Washington College of Law organized an excellent weekend. Five of us submitted works in progress. We all read each other's work closely and a couple of others joined in to provide comments. We spent 60-90 minutes on each person, with indepth discussions. It was amazingly helpful. We ended on Saturday with a field trip to Kenilworth Park and Aquatic Gardens, a truly hidden jem on the Anacostia River. Events like this are remarkably productive and fun. So who out there wants to coordinate the first Land Use Works-in-Progress event? (please invite me)
Thursday, May 24, 2012
First, a big congrats to Jessica Owley and Stephen R. Miller on permanently joining the Land Use Prof Blog! An exceptional blog just got even better!
How often do you get a chance to make a presentation to a national audience of legal scholars without ever leaving the confines of your own office? The ABA's RPTE Section has begun holding monthly "Professor's Corner" teleconferences at which law professors from across the country discuss recent court decisions. Land Use Prof Blog's own Matt Festa made a presentation at one of these teleconferences back in May. The upcoming August 8th teleconference (12:30 Eastern/ 11:30 Central) will focus solely on land use law issues, and the ABA is seeking two additional panelists to give 15-minute presentations on a recent land use decision of their choice.
Presenting at an ABA Professor's Corner teleconference obviously requires no travel, gives you an excuse to read up on a recent case, and is something worthy of adding to your CV! If you're potentialy interested in being a panelist, please contact me directly at [email protected] for the details.
Tuesday, May 22, 2012
I am excited for the upcoming AALS midyear workshop on Torts, Environment and Disaster.In particular, we will have a session addressing head on the opportunities and needs for mentoring and making connections across and within communities of scholars. In preparation for a session on 'Generations of Environmental Law' at the upcoming AALS midyear meeting, my fellow panelists and I have created a survey for environmental law professors. With this survey, we hope to get a sense of the types of mentoring available to environmental law faculty as well as get some suggestions for improvement. If you consider yourself a land use or environmental law professor, please add your voice. The survey is only 9 questions and should take 5-10 minutes. We will share the results at the conference and with the environmental law community via listserv and blogs. We appreciate your participation and our community’s efforts to improve connections among colleagues.
Thanks for your participation,
(co panelists = Daniel A. Farber, Bruce R. Huber, John Copeland Nagle, Hari Osofsky, Melissa Powers, and Kalyani Robbins).
Tuesday, May 15, 2012
If you're hanging around the United Nations tomorrow, consider attending this interesting panel that Dean-elect Patricia Salkin will be moderating on Sustainability in Developing Nations: Opportunity for Public-Private Partnerships.
On behalf of the Government Law Center of Albany Law School, please consider joining us for a special program at the United Nations on May 16, 2012 that focuses on sustainability and public private partnerships.
The afternoon program includes Professor John Dernbach from Widener Law School (and his forthcoming book on sustainability will be released at the program), Professor John Nolon from Pace Law School and Professors Keith Hirokawa, James Gathii and Alexandra Harrington from Albany Law School.
The program is free and open to the public but an RSVP is required for security purposes. The announcement is here: http://www.albanylaw.edu/media/user/glc/upcoming_events/051612_UN_Sustainability_Program_Flyerv2.pdf
Sounds fascinating. Both property law and sustainability are among the keys to global progress over the next decades. Thanks to Keith Hirokawa for the pointer.
Tuesday, May 8, 2012
On Wednesday I'll be part of the ABA's "Professor's Corner" teleconference, to discuss Severance v. Patterson, the Texas Open Beaches Act case. The teleconference is Wednesday, May 9 at 12:30 eastern/11:30 central. All are welcome to participate at the number below. The blurb:
The ABA Real Property, Trust and Estate Law Section’s Legal Education and Uniform Laws Group has a regular (and free!) monthly teleconference, “Professor’s Corner,” in which a panel of three law professors highlight and discuss recent real property cases of note.
Members of the AALS Real Estate Transactions section are encouraged to participate in this monthly call (which is always on the second Wednesday of the month).
The May 2012 call is this Wednesday, May 9, 2012, at 12:30 p.m. Eastern time (11:30 a.m. Central, 9:30 a..m. Pacific). The call-in number is 866-646-6488. When prompted for the passcode, enter the passcode number 557 741 9753.
The panelists for May 9, 2012 are:
Professor Tanya Marsh, Assistant Professor of Law, Wake Forest University School of Law. Professor Marsh will discuss Roundy’s Inc. v. National Labor Relations Board, 674 F.3d 638 (7th Cir. 2012). Decided in March 2012, this case held that Roundy’s (a non-union supermarket chain) did not have the right to exclude third parties (in this case, non-employee union organizers) from common areas of shopping centers in which it operated.
Professor Matt Festa, Associate Professor of Law, South Texas College of Law. Professor Festa will discuss Severance v. Patterson, 2012 WL 1059341 (Tex. 2012). In this case, decided March 30, 2012, the Texas Supreme Court struck down the “rolling easement” theory of public beachfront property access under the Texas Open Beaches Act.
Professor Wilson Freyermuth, John D. Lawson Professor and Curators’ Teaching Professor, University of Missouri. Professor Freyermuth will discuss Summerhill Village Homeowners Ass’n v. Roughley, 270 P.3d 639 (Wash. Ct. App. 2012), in which the court refused to permit the mortgage lender to exercise statutory redemption after its lien was extinguished by virtue of a foreclosure sale by an owners’ association to enforce its lien for unpaid assessments. He will also discuss First Bank v. Fischer & Frichtel, 2012 WL 1339437 (Mo. April 12, 2012), in which the Missouri court rejected the “fair value” approach to calculating deficiency judgments under the Restatement of Mortgages.
It should be an interesting conversation with a good variety issues to discuss. Please feel welcome to participate, whether or not you are a currently a section member.
UPDATE: Thanks to everyone who participated, and to Wilson Freyermuth for moderating and Tanya Marsh for inviting me. The ABA RPTE Section will be doing this every month, so stay tuned for more interesting discussions to come!
Tuesday, March 20, 2012
David L. Markell (Florida State) has posted Climate Change and the Roles of Land Use and Energy Law: An Introduction, Journal of Land Use & Environmental Law, Vol. 27 (2012). It's the intro to a Symposium issue. The abstract:
The challenges posed by climate change are daunting and have spawned an enormous literature, indeed many literatures. The legal regimes that govern our use of land and energy have already been and will continue to be integral to the effort to devise effective responses. My aim in this introductory essay is to identify and review six aspects of climate change in an effort to capture some of the ferment that now exists as policy makers, scholars, and others wrestle with the challenges that climate change poses for extant legal regimes. I then briefly summarize the articles in this symposium volume.
Friday, March 2, 2012
Greetings from the 3d annual meeting of the Association for Law, Property & Society (ALPS) at Georgetown Law Center in DC. Day 1 was great, with a lot of very interesting presentations. Most importantly (for me), I'm done, so I can relax and enjoy tomorrow's panels. My co-bloggers Jim Kelly and Ken Stahl still have to present tomorrow! Lots of other esteemed colleagues are here to discuss their current research, as is appropriate for what has quickly become the premier conference for academic property and land use law.
If you couldn't make it but would like to see what's going on at ALPS this year, you can check out the conference program at the link.