Friday, December 30, 2016
Local governments typically insure themselves against all kinds of losses, from property damage to legal liability. For small- and medium-sized governments, this usually means purchasing insurance from private insurers or participating in municipal risk pools. Insurance for regulatory takings claims, however, is generally unavailable. This previously unnoticed gap in municipal insurance coverage could lead risk averse local governments to underregulate and underenforce existing regulations where property owners threaten to bring takings claims. This seemingly technical observation turns out to have profound implications for theoretical accounts of the Takings Clause that focus on government regulatory incentives. This Article explores the impact of insurance on land use regulations. In the process, it reveals important insights about public insurance more generally and offers a novel explanation for the burgeoning land use innovation in cities compared to the relative stagnation of land use in the suburbs. It concludes by suggesting new ways for promoting local land use regulations that risk generating takings claims.
Monday, December 19, 2016
This just in from our friends at the University of Hawai'i William S. Richardson School of Law:
Save the Date! The Volume 39 Symposium will take place on Friday, February 17, 2016. One of our panels will focus on the topic of regulation in the context of the home sharing economy. Those wishing to submit articles for the symposium on topics intersecting property law and the sharing economy can get more info here. The Law Review will be accepting submissions through February 17, 2017, for publication in April/May. You can also contact the co-editor-in-chief of the Law Review, Ross Uehara-Tilton, by clicking here.
Friday, December 9, 2016
Monday, December 5, 2016
Call for Presentation and Panel Proposals for Arizona State University's Third Annual Sustainability Conference of American Legal Educators
Arizona State University has issued a call for presentations and panels for its Third Annual Sustainability Conference of American Legal Educators on May 12, 2017. Carol Rose will be this year's keynote speaker. ASU will pay up to $500 lodging/transportation reimbursement for all presenters. Proposal details here.
In addition, associated with the conference is the Morrison Prize Contest, which awards $10,000 for "the most impactful sustainability-related legal academic paper published in North America during the previous year." NOTE: the deadline for the Morrison Contest is Dec. 15, but you need only submit five offprints of your previously published work.
Thanks to Troy Rule for sharing information about the conference.
Thursday, December 1, 2016
Yael Lifshitz has posted Rethinking Original Ownership, forthcoming in the University of Toronto Law Journal. This work is related to Yael's doctoral dissertation in New York University's JSD Program. Here is the abstract:
At the genesis of property, an initial allocation of entitlements takes place. Existing property scholarship identifies two main rules for assigning original ownership – ‘first possession’ and ‘accession’ – and positions them one against another. This article challenges the conventional binary division and the dominance of either first possession or accession as ‘pure’ allocation principles, arguing instead that the ownership of new resources is often allocated through hybrid mechanisms that combine the two rules. This article offers an analysis of hybrid rules and their utility through a novel and contemporary case study of the ongoing allocation of property in wind energy.