Thursday, January 30, 2020
The Project on the Foundations of Private Law at Harvard Law School is seeking applicants for full-time, one- to two-year residential appointments, starting in the fall of 2020 — in particular, it is seeking applicants for both the Postdoctoral Fellowship in Private Law and the Qualcomm Postdoctoral Fellowship in Private Law and Intellectual Property. Application materials are due to Bradford Conner (conner at law.harvard.edu) by 9:00 a.m. on February 21, 2020.
For those unfamiliar with the Project, the Project on the Foundations of Private Law at Harvard is an interdisciplinary research program at dedicated to the academic investigation of "private law," meaning the traditional common law subjects of property, contracts, and torts, as well as related subjects that are more heavily statutory, such as intellectual property and commercial law. Lots of great property law and IP faculty are involved with the Project including Henry Smith, Robert Sitkoff, Ruth Okediji, and Molly Brady, to name a few, so it is a terrific opportunity for individuals interested in property law and looking for a postdoc fellowship.
Tuesday, January 28, 2020
Conference on Indigenous Private Law
Call for Papers
May 8, 2020
Professor Andrew Hutchison, University of Cape Town
Professor Frankie Young, Western University
In our legally plural world the discourse on Indigenous legal norms is currently expanding rapidly. In some Commonwealth countries, such as those in Africa, Indigenous (or Customary) laws have long been recognised as authoritative in certain types of dispute. The South African Constitution (for example) recognises African Customary law as a binding source of law where applicable, and equal to the Common law. This has been less true for Indigenous groups in other Commonwealth countries, such as those living in Canada or Australia. Times are changing, however, and Indigenous norms are increasingly being viewed as binding even in these latter countries.
Past choice of law rules enforced by the legal systems of Commonwealth countries have tended to shape Indigenous law into certain accepted fields of inquiry. In some countries, this problem is more acute than others. Legal pluralism theory, however, recognises that community norms, arising from the ground up, may be binding in that community and may exist as a de facto alternative to State law. This argument underlies, for example, the distinction between Aboriginal and Indigenous law in Canada. In South Africa, by contrast, the distinction is between the ‘living’ and ‘official’ versions of African Customary law: current, lived norms of communities have been recognised as binding by the Constitutional Court and as taking preference over the potentially ossified written law captured in the legislation, case precedents, and textbooks of the former era. If the ‘law in action’ is to be the recognised Indigenous law in other Commonwealth countries, then we need to broaden the fields of inquiry beyond those traditionally recognised as falling within the jurisdiction of Indigenous legal norms.
The Journal of Commonwealth Law, in cooperation with the Faculties of Law at the Université de Montréal and the University of Cape Town, will host a symposium devoted to exploring the issues inherent in Indigenous private law. We call for papers specifically on Indigenous Private law issues. What norms govern matters relating to Property, Persons and Family, or Succession for example? Beyond that, is there an Indigenous law of Contracts or Torts, or a law relating to (commercial) associations? We invite perspectives from around the Commonwealth and are open to different theoretical frames of reference or methodologies of inquiry. We are also open to papers which discuss how State laws relate to Indigenous private law issues, or the regulation of the Indigenous economy.
The conference will be held at the Université de Montréal on May 8, 2020, and the papers will be published in the Journal of Commonwealth Law, a peer-reviewed journal devoted to exploring legal issues from a multi-jurisdictional perspective. We seek contributions from both established and new scholars from around the Commonwealth, Ireland and the United States.
We welcome papers in both English and French.
Participants will be responsible costs of travel and accommodation.
Please submit an abstract of 250 words and a short CV prior to February 28, 2020 to:
Journal of Commonwealth Law
Those interested in obtaining more information about the conference are invited to contact
Profess Andrew Hutchison
Faculty of Law
University of Cape Town
Matthew P Harrington
Professor of Law
Faculté de droit
Université de Montréal
Monday, December 23, 2019
Cambridge University Press has just published a new book by Shelly Kreiczer-Levy (College of Law & Business in Ramat-Gan) titled Destabilizing Property: Property Law in the Sharing Economy. Here's a summary:
The sharing economy challenges contemporary property law. Does the rise of access render our conception of property obsolete? What are the normative and theoretical implications of choosing casual short-term use of property over stable use? What are the relational and social complications of blurring the line between personal and commercial use of property? The book develops a novel conceptualization of property in the age of the sharing economy. It argues that the sharing economy pushes for a mobile and flexible vision of engaging with possessions and, as a result, with other people. Property's role as a source of permanence and a facilitator of stable, long-term relationships is gradually decreasing in importance. The book offers a broad theoretical and normative framework for understanding the changing landscape of property, provides an institutional analysis of the phenomenon, discusses the social, communal, and relational implications of these changes, and offers guidelines for law reform.
Saturday, December 14, 2019
This just in from Sara Bronin (UConn):
Historic preservation is, at its core, an exercise in sustainability. Older buildings are often energy-efficient, made with renewable materials (such as wood or brick), and longer-lasting. Moreover, maintaining an existing structure avoids the environmental costs of replacing it with new construction. Despite their environmental benefits, Connecticut’s historic places face unprecedented threats, including climate change and needless demolition. Preservationists must recognize that in the face of these threats, not everything can be preserved. At the same time, preservationists must build consensus for changes to law and policy that protect historic places in service of environmental goals.
This UConn School of Law conference, cosponsored by the State Historic Preservation Office, Carmody Torrance Sandak & Hennesy LLP, Preservation Connecticut, and the Connecticut Chapter of the American Planning Association aims to craft a statewide policy agenda that recognizes preservation as a fundamental environmental value.
Panels will focus on:
- Documenting the status of and threats to historic sites;
- Reducing potential damage to historic places through performance, construction, and siting standards; and
- Ensuring that disaster response encompasses historical and cultural resources at all levels, from planning to recovery.
$50 for those seeking CLE or AICP CM credit, free for the general public, parking $1/hour. A light breakfast and lunch will be served.
RSVP by January 17, 2020 by clicking here.
IMPORTANT NOTE: While we encourage commuting, public transportation, and bicycling, those seeking to park a vehicle on campus must pay $1/hour through the PayByPhone system. On-street parking is also available where posted.
SNOW DATE WILL BE MONDAY, JANUARY 27
Friday, December 13, 2019
Brandon Weiss (UMKC) has posted Progressive Property Theory and Housing Justice Campaigns on SSRN. Here's the abstract:
Progressive property theory emerged a decade ago to challenge law and economics as the dominant theoretical mode of property law analysis. Offering a fresh look at the rights and obligations of ownership, progressive property theory argues, among other propositions, that property rules and institutions should further the ability of all people to obtain the basic resources necessary to engage in the social and political life of a community.
Meanwhile, housing justice campaigns being waged across the United States, promoting policies like inclusionary zoning and rent control, are frequently met by critics who make theoretical arguments about the fundamental nature of property. Housing advocates often cede the theoretical domain, and instead respond with pragmatic data-driven appeals or technical precedential arguments that, I argue here, would benefit from a more robust theoretical grounding of the sort progressive property theory could provide.
Progressive property theory, however, is yet to exert any measurable influence outside of legal academia. Scholars have offered a variety of critiques of the theory that may help to explain its limited impact. I argue that exogenous factors—those external to the theory itself—also hold significant explanatory force. I conclude that the law school clinic could serve as one “theory delivery mechanism” to infuse progressive property theory more broadly into U.S. law and legal institutions.
Monday, December 9, 2019
I am very sorry to share the news of Roger Bernhardt's passing. He taught for many years at Golden Gate University and was a huge name in real estate law. He was very active with both the American College of Real Estate Lawyers and the American College of Mortgage Attorneys and was a mentor to many junior lawyers and law professors. He will be dearly missed.
You can view his extensive scholarship by clicking here.
Tuesday, November 19, 2019
We are pleased to consider paper submissions for a forthcoming volume on "Disruptive Technology, Legal Innovation and the Future of Real Estate", edited by Prof. Amnon Lehavi and Dr. Ronit Levine- Schnur of the Harry Radzyner Law School and the Gazit-Globe Real Estate Institute at the Interdisciplinary Center (IDC) Herzliya.
The volume, with contributions by Benito Arruñada, Jan Veuger, Kat Grimsley, Catalina Goanta, Georg von Wangenheim, and others, offers original insights on emerging problems of property rights and real estate regulation in the face of new and disruptive technologies.
Submissions should be approximately 10,000 words and written in the author-date (Chicago) style.
The deadline for submission is no later than November 30th, 2019. We will accept a small number of contributions.
Previous volumes published in this series include:
Private Communities and Urban Governance: Theoretical and Comparative Perspectives (Springer, 2016), One Hundred Years of Zoning and the Future of Cities (Springer, 2018), and Measuring the Effectiveness of Real Estate Regulation: Interdisciplinary Perspectives (Springer, 2020).
To submit a paper for consideration, please email Ronit Levine-Schnur at firstname.lastname@example.org
Monday, November 11, 2019
Lisa T. Alexander (Texas A&M) has posted Community in Property: Lessons From Tiny Homes Villages (Minnesota Law Review) on SSRN. Here's the abstract:
The evolving role of community in property law remains undertheorized. While legal scholars have analyzed the commons, common interest communities, and aspects of the sharing economy, the recent rise of intentional co-housing communities re-mains relatively understudied. This Article analyzes tiny homes villages for unhoused people in the United States, as examples of co-housing communities that create a new housing tenure—stewardship—and demonstrate the growing importance of community, co-management, sustainability, and flexibility in con-temporary property law. These villages’ property relationships challenge the predominance of individualized, exclusionary, long-term, fee simple ownership in contemporary property law and exemplify property theories such as progressive property theory, property as personhood theory, access versus ownership theories, and urban commons theories. These villages mitigate homelessness but also illustrate how communal relationships can provide more stability than traditional ownership during times of uncertainty. Due to increasing natural disasters and other increasingly unpredictable phenomena, municipalities may find these property forms adaptable and useful in minimizing housing insecurity and instability. This Article posits how localities can legalize stewardship and tiny homes villages for unhoused people. These insights reveal a new role for steward-ship and community building in American property law and theory.
Friday, November 8, 2019
Friends one and all! It's the time of year we've all been waiting for: the ALPS 2020 Call for Papers has been released! Aanndd...best of all...it's in my hometown! You can be sure that our hostess with the mostest Sally Brown Richardson and her team at Tulane Law will put on quite a spectacular conference! Get registered and submit today!
CALL for Papers
11th Annual Conference on Law, Property, and Society
ALPS will hold its 11th annual meeting at Tulane University Law School in New Orleans, Louisiana on May 21–23, 2020. The dates include optional pre-conference field trips during the day and an evening reception on Thursday, May 21. The academic portion of the conference will be on Friday, May 22, and Saturday, May 23, with concurrent panels and plenary sessions running all day on both days.
Paper submissions on any subject related to property law and the practices that shape property norms and institutions are welcome. ALPS has a strong commitment to international and interdisciplinary diversity, and paper topics reflecting that commitment are encouraged. ALPS accepts both individual paper submissions and proposals for fully formed panels (usually 3 to 4 presenters, sometimes including films or multimedia outputs).
While papers on any topic of property law are welcome, some possible organizing themes might include property in relation to land use planning, zoning, water law, environmental law, energy law, mortgages and financing, land titles, housing issues, real estate development, historic preservation, property of Indigenous people, comparative perspectives on property law, race and gender issues in property, intellectual property rights, property theory, and takings law. ALPS welcomes presentations of projects at all stages of development, from recently published to early-stage ideas.
Submissions should include an abstract of no more than 250 words. In addition, submissions must include: (1) the name of the submitting scholar, (2) the scholar’s institution, (3) an email for contact, and (4) where appropriate, parallel information for any coauthors. If submitting a panel, please ensure that an abstract for each paper accompanies the submission and that each abstract also includes the name of the panel. Email submissions to ALPSConference2020@gmail.com. Authors and panel proposers will be notified of the acceptance of their individual submissions or proposed panel on a rolling basis starting after November 11, 2019. The deadline for submitting papers and panels is January 31, 2020. All individuals will be notified of the acceptance of their submission by February 14, 2020.
In general, each presenter will be limited to one research paper presentation per conference, although some exceptions may be made for special discussion groups or other unique thematic panels. After reviewing and accepting submissions, ALPS will thematically group accepted papers and panels. Concurrent panels will be held on both days of the conference with each panel session lasting approximately 90 minutes and including both individual presentations and time for questions from the audience.
Conference registration will open November 11, 2019 and will close on April 1, 2020. The cost of registration is as follows:
Regular Full-time LL.M. or PhD students
Until February 21, 2020 $175 $75
Beginning February 22, 2020 $250 $125
All attendees must register for the conference, and presenters must register before April 1, 2020, to ensure a place on the final conference program. To register for the conference, please visit http://www.cvent.com/d/qhqj0t after November 11, 2019. Information about accommodations and travel planning will be provided on the registration site. An opportunity to identify special needs will be included in the registration form and organizers will make best efforts to facilitate accommodations. The host venue is a fully accessible facility.
Wednesday, November 6, 2019
This just in from Troy Rule (Arizona State):
Call for Speakers - Submit Now!
Panel and Presentation Proposals
Due December 31, 2019
The Program on Law and Sustainability at the Sandra Day O'Connor College of Law at Arizona State University is now accepting panel and presentation proposals for its sixth annual SRP Sustainability Conference of American Legal Educators.
Groups of up to four full-time law professors are invited to submit panel proposals on environmental sustainability-related legal topics. Individual presentation proposals are also welcome. Arizona State University will provide hotel lodging and airfare/transportation reimbursement (up to $500) for all selected panelists and presenters.
Those interested in participating must submit panel or presentation proposals through the conference website by December 31, 2019(please do not submit via e-mail). Selected presenters will be notified by January 25, 2020.
The SRP Sustainability Conference of American Legal Educators is an annual gathering of law professors who are doing research in sustainability-related areas. The conference features presentations of legal academic research on subjects pertaining to environmental sustainability and law, including environmental law, natural resources law, water law, energy law, land use law, agricultural law, food law, disaster law, and climate change law. The conference will be held on Friday, May 15, 2020, at the Beus Center for Law and Society in Phoenix, AZ.
Morrison Prize Contest
ASU has also posted the Call for Entries for its Fifth Annual Morrison Prize Contest -- a $10,000 prize contest for recent environmental sustainability-related law journal articles that are ALREADY WRITTEN! Entrants must merely send five offprints of their qualifying article and a cover letter to the address in the Call for Entries (https://events.asucollegeoflaw.com/sustainabilitylawconference/morrison-prize-contest/). The deadline for entering the contest is January 1, 2020.
Sunday, October 20, 2019
Discussion Group: The Ric Flair Rule: Market Economics, Political Power, and Critical Awareness in a Global World
There is an old saying: "To be the man, you have to beat the man. woooo!" Known as the "Ric Flair rule" it reflects how "winners" shape the outcomes others. The rule has been explained in law and economics through market dominance; in legal theory that justifies force as validating law; and in politics as agendas set by winners. The Ric Flair Rule presents a conundrum that even when winners don't win they still win. In Property, Contracts, Criminal Law and Torts, this theme emerges. This discussion group explores the Ric Flair Rule as an existential theme of the law for what validates law and what challenges it from the outside.
Discussion Group: Property and Well Being
John Locke defined the purpose of government as safeguarding the freedom to pursue “life, liberty, and the pursuit of property.” Thomas Jefferson borrowed this language in the Declaration of Independence, but he modified it to name “life, liberty, and the pursuit of happiness.” Property and happiness have thus been bound up with one another for centuries, yet their relationship is a fraught one. One might naturally assume that acquiring property increases our well-being, yet recent evidence indicates that it may do just the opposite. This panel explores the complicated relationship between ownership and happiness. Possible avenues for inquiry include: What is the appropriate role for a liberal democracy to play with respect to property? Should we think about property solely in terms of enhancing welfare, or do other considerations matter? And whose welfare counts—owners, non-owners, others? How do we resolve the tension between maldistribution, redistribution, and liberty? These are only a handful of questions that we hope provide a jumping off point for a wide-ranging discussion about law, ownership, and the nature and purpose of property itself. This discussion group is being organized by Dave Fagundes (Houston).
Panel: Is Housing a Human Right?
This panel considers the question of whether housing as a human right exists in the U.S., despite the lack of enforceable legal or international conventions making such a right enforceable. Panelists are invited to submit abstracts and papers around this topic, including: the role of proportionality in addressing eviction claims; the content of human rights in the housing context; the existence of latent human rights regimes where no formal regime exists; Constitutional Claims versus Human Rights Claims; and how local, federal and regional governments reconcile human rights in contrast to conflicting regimes of the other. Papers are also welcome critiquing a human rights regime as a substantive protector of housing rights. Abstracts no more than 400 words. This discussion group is being organized by Mark Roark (Southern) and Andrea Boyack (Washburn)
Monday, October 7, 2019
Securitization, an important component of U.S. financial transactions, often receives little attention in most law school curricula. In the context of the current discourse among students, where some observers see a significant loss of public support for a market based economy, addressing the tools of Wall Street financial institutions with accuracy and candor has increased relevance.
This program will assist professors to be more conversant with teaching real estate securitization in courses ranging from 1L Property to Seminars in Real Estate Finance. It will include an overview of the systemic risks
that were involved in the 2008-09 financial crises and whether private sector and government efforts at ameliorating those risks are effective. Academics and industry experts will discuss the practical and sometimes ethical issues that arise in the world of special servicing of mortgage loans. Professors will learn about the arcane abbreviations and terminology of securitization and hear a candid expression of views on the fundamental societal issues presented by securitization, as well as current issues such as the phase-out of LIBOR. While the focus is on real estate securitization, professors teaching corporate law, finance and securities laws in JD, LLM, MBA and executive programs will also find it valuable.
Register for Academic eligibility for the newly createdCREFC Law Student Prize Competition and for free trial subscriptions to the industry’s leading publications.
There is no CLE associated with this program. You are welcome to participate as a viewer in any portions of the program, including only such times that work within your teaching responsibilities. Exact panel timing details will be sent to registered participants in mid-October.
So REGISTER TODAY at www.law-u.net (even if your Oct 30th schedule is tentative)
Wednesday, October 2, 2019
Call for Proposals
Deadline: Friday, October 18, 2019
The University of Detroit Mercy Law Review seeks proposals for its 104th annual Symposium, which will focus on Race, Class, and Environmental Justice and will be held Friday, March 6, 2019, in Detroit, Michigan. Proposals, which should be approximately 250–500 words, are due no later than 5 p.m. EST on Friday, October 18, 2019. Possible topics include, but are not limited to: the impact of water and air quality issues on marginalized people; the history of ecological inequities and the law; legal approaches to climate change and global warming; challenges arising from efforts to increase the use of renewable energy; legal and equitable issues connected with deep decarbonization projects; and any other topic related to race, class, and environmental justice. Please include a current CV with your proposal and indicate whether the proposal is for a presentation only, or whether you also plan to submit an article for possible publication. Preference will be given to proposals that include plans for an article, which will be due to the Law Review on Friday, March 13, 2019. Proposals and questions should be directed to Bridget Underhill, Symposium Director, at email@example.com.
Thursday, September 12, 2019
The Kratovil Conference will consider the implications for the real estate industry and its attorneys as a result of the U.S. Supreme Court’s 2019 decision, Knick v. Township of Scott. This decision opened the door to takings suits in federal courts by eliminating the state-action ripeness requirement, which forced most landowners to seek remedies for overly broad state and local land use regulations in often-unsympathetic state courts.
Because property owners no longer need to seek a state remedy before filing a takings claims in federal court, the question is: Will there be a flood of lawsuits filed in federal court challenging federal, state, and local regulations that restrict private land development? Presenters at the Conference will include attorneys who represented Knick and the Township of Scott, Pennsylvania, as well as advocates who filed amicus briefs on behalf of individuals whose rights would be affected by the decision. A panel of practitioners will explore how the decision will affect their clients.
Click here for more information.
Thursday, July 18, 2019
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 firstname.lastname@example.org. The Journal also accepts submissions on a rolling basis. Please do not hesitate to contact the Editor with any questions.
Wednesday, June 26, 2019
The 2019 Central States Law Schools Association Scholarship Conference will be held September 20-21, 2019 at The University of Toledo College of Law.
CSLSA is an organization of law schools dedicated to providing a forum for conversation and collaboration among law school academics. The annual conference is an opportunity for legal scholars to present working papers or finished articles on any law-related topic in a relaxed and supportive setting. Scholars from member and nonmember schools are invited to attend.
Registration will formally open in July. More information about the CSLSA conference can be found on our website here.
Tuesday, June 25, 2019
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
651 East Jefferson
Detroit, Michigan 48226
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?
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.
Friday, June 21, 2019
Thomas W. Mitchell (Texas A&M) has posted Historic Partition Law Reform: A Game Changer for Heirs' Property Owners (forthcoming in Heirs' Property and Land Fractionation: Fostering Stable Ownership to Prevent Land Loss and Abandonment. United States Department of Agriculture, E-Gen. Tech. Rep.) on SSRN. Here's the abstract:
Over the course of several decades, many disadvantaged families who owned property under the tenancy-in-common form of ownership – property these families often referred to as heirs’ property – have had their property forcibly sold as a result of court-ordered partition sales. For several decades, repeated efforts to reform state partition laws produced little to no reform despite clear evidence that these laws unjustly harmed many families. This paper addresses the remarkable success of a model state statute named the Uniform Partition of Heirs Property Act (UPHPA), which has been enacted into law in several states since 2011, including in 5 southern states. The UPHPA makes major changes to partition laws that had undergone little change since the 1800s and provides heirs’ property owners with significantly enhanced property rights. As a result, many more heirs’ property owners should be able to maintain ownership of their property or at least the wealth associated with it.
This article describes how the UPHPA has gotten significant purchase among lawmakers at the state and federal level and among other very important stakeholders. At this time, 14 states located throughout every region of the U.S. as well as the U.S. Virgin Islands have enacted the UPHPA into law, making the UPHPA the 6th most successful of the 38 uniform real property acts the Uniform Law Commission has promulgated in its 127-year history. Further, the District of Columbia and New York currently are considering UPHPA bills that have been introduced in their respective legislatures. Over the course of the next several years, it is likely that several more states or other jurisdictions will enact the UPHPA into law. Further, the UPHPA has helped raise awareness of the many problems heirs' property owners face and important stakeholders have taken some very important actions to address some of these concerns. These stakeholders include the USDA's U.S. Forest Service, the USDA's National Resources Conservation Service, and the Federal Reserve Bank of Atlanta. Further, this article describes how the federal Farm Bill that Congress passed in 2018 and that was then signed into law explicitly references the UPHPA in a few places and provides incentives for additional states to enact it into law so that farmers and ranchers in those states will be eligible for certain USDA benefits that are only made available to farmers and ranchers who are located in states that have enacted the UPHPA into law.
Wednesday, June 5, 2019
The University of Oklahoma College of Law
Professor or Associate Professor of Law
The University of Oklahoma College of Law anticipates hiring up to two faculty members AY 2019-2020 in the following areas: (1) energy and natural resources law, with a focus on water law and energy-related regulation; and (2) health law, including with a focus on healthcare privacy, insurance/finance, ethics, and regulatory compliance. Secondarily, we are also interested in candidates who have a teaching interest in family law, professional responsibility, and criminal law.
JOB QUALIFICATIONS: Consistent with the mission and responsibilities of a top-tier public research university, we are interested in candidates who are (or have the potential to become) recognized scholars and teachers and who will participate actively in the life of the College of Law. As determined by qualifications and professional accomplishments, the position in energy and natural resources law may be accompanied by the award of an endowed chair.
APPLICATION PROCEDURE: To apply, candidates should send CVs and expressions of interest to Ms. Melanie Tijerina, Faculty Appointments Committee, University of Oklahoma College of Law, 300 Timberdell Road, Norman, OK 73019 or by email to email@example.com. The College of Law will treat all applications as strictly confidential, subject only to requirements of state and federal law.
ABOUT OU: The state’s flagship law school, OU Law has distinguished itself as among the most innovative and prominent law schools in the region. In the last decade, OU Law has built world-class facilities incorporating advanced technology and inventive programs of study that have attracted exceptional students and faculty. In addition, OU Law has significantly expanded faculty resources, including a dramatic increase in endowed positions. These efforts contribute to OU Law’s strong and growing national reputation.
The University of Oklahoma (OU) is a Carnegie-R1 comprehensive public research university known for excellence in research, teaching, and community engagement, serving the educational, cultural, economic and health-care needs of the state, region, and nation from three campuses: Norman, the Health Sciences Center in Oklahoma City, and the Schusterman Center in Tulsa. OU enrolls over 30,000 students and employs more than 2700 full-time faculty members in 21 colleges. The 277-acre Research Campus in Norman was named the No.1 research campus in the nation by the Association of Research Parks in 2013. Norman is a culturally rich and vibrant town located just outside Oklahoma City. With outstanding schools, amenities, and a low cost of living, Norman is a perennial contender on “best place to live” rankings. Visit www.ou.edu/provost/flipbook and www.ou.edu/publicaffairs/oufacts.html for more information.
The University of Oklahoma, in compliance with all applicable federal and state laws and regulations, does not discriminate on the basis of race, color, national origin, sex, sexual orientation, genetic information, gender identity, gender expression, age, religion, disability, political beliefs, or status as a veteran in any of its policies, practices, or procedures. This includes, but is not limited to: admissions, employment, financial aid, housing, services in educational programs or activities, or health care services that the University operates or provides.
FURTHER INFORMATION: For additional information, please contact the Faculty Appointments Committee at firstname.lastname@example.org.
Friday, May 31, 2019
In “The Liberal Commons” Michael Heller and I celebrated commons property types that mainstream property theory obscures notwithstanding their prevalence in contemporary law. In this Essay, prepared for the Cornell Law School Symposium celebrating Greg Alexander’s retirement, I maintain that the connection between liberalism and commons property types is more precise and, in a sense, more complicated.
On the one hand, I claim that a liberal property law, which is founded on and thus must be committed to individual self-determination, must proactively facilitate commons property types, in line with what I call property’s structural pluralism. On the other hand, I contend that a liberal law should not lend its support to commons property types not only if they undermine the liberal commitment to exit (as discussed in The Liberal Commons), but also if they fail to comply with the prescriptions of property’s relational justice. Relational justice, I argue, implies that commoners’ right to exclude potential entrants must not be unlimited; it furthermore requires that for law to support a commons property, its internal governance regime must not undermine the equal concern and respect of its members.
Situating commons property types at the core of liberal property law offers a better understanding of the liberal ideal of property as well as of both the promises and the dangers of the commons. Refining the proper role of commons property types and the prerequisites of their legitimacy also sets up a reformist agenda, which can push liberal property law to better comply with its autonomy-based underpinnings. It may further show why – although much of the critique of the realities of property in actual liberal systems is justified – the liberal idea of property must not be too quickly discarded. Properly conceived, I conclude, liberal property both augments people’s opportunities for (voluntary) collective self-determination and restrict their opportunities for interpersonal domination.