Brigham-Kanner Conference

Subscribe to Brigham-Kanner Conference via RSS

Screenshot 2022-09-13 at 14-12-11 Feed LinkedIn

One last reminder that there’ still time to register for the upcoming Brigham-Kanner Property Rights Conference at the William and Mary Law School in Williamsburg, Virginia, September 29-30, 2022. If you can’t make it to the historic campus, there’s an option to attend remotely.

In our opinion, the Conference is the best of its kind because it brings together legal scholars and the practicing bar to talk dirt law theory and practice. We also a have a full supplemental program for law students, that covers property law and careers in eminent domain law, a recruiting session, a program on international property rights, and a program on land use law.

Registration for the Conference is ongoing, and you can sign up here.

Here is the full agenda. (We’ll be speaking on Panel #2, “Reshaping the Framework Protecting Property Under the Roberts Court.”)

Come on, join us!

Continue Reading Still Time To Join Us (In-Person Or Remote) For The 19th Annual Brigham-Kanner Property Rights Conference

Screenshot 2022-09-08 at 11-03-58 Cedar Point Nursery and the End of the New Deal Settlement

Here’s your must-read for today, a new article from U. Va. lawprof Julia D. Mahoney, “Cedar Point Nursery and the End of the New Deal Settlement.”

Disclosure: we show up in footnote * along with others for offering “comments and conversations” about the piece. 

Here’s the Abstract:

In Cedar Point Nursery v. Hassid, the United States Supreme Court ruled that a California state regulation granting labor organizations a limited “right to take access” to agricultural employers’ property constitutes a per se physical taking. Cedar Point has sparked intense criticism, with critics arguing that the decision threatens to transform the law of property rights so as to “hobble” government land use regulation and even undermine democracy. This Article explains why the objections of Cedar Point’s detractors are misplaced. Far from disabling government regulation or fomenting stasis by favoring the “already haves,” Cedar Point is best understood as another…

Continue Reading New Must-Read Article: “Cedar Point Nursery and the End of the New Deal Settlement” – Property Rights Are Civil And Human Rights

BK 2022

There’s still space for you to join us — preferably in-person, but remotely if that is not possible for you — at the 19th Annual Brigham-Kanner Property Rights Conference, September 29-30, 2022, at the William and Mary Law School in Williamsburg.

The American Law Institute was kind enough to post a notice about the Conference and the ALI members who are on the speaking faculty here.

Registration for the Conference is ongoing, and you can sign up here. Here is the full agenda. (We’ll be speaking on Panel #2, “Reshaping the Framework Protecting Property Under the Roberts Court.”

In our opinion, the Conference is the best of its kind, and brings together legal scholars and the practicing bar to talk dirt law. So please come join us.Continue Reading Registration Underway – 19th Annual Brigham-Kanner Property Rights Conference (Sep 29-30, 2022)

Is there a more appropriate place at which to study property rights and dirt law than William and Mary Law School? After all, it is a stone’s throw from Jamestown, the place where there’s a good argument the concept of property law and property rights first took hold in the New World. As noted by author David Price in “Love and Hate in Jamestown – John Smith, Pocahontas, and the Start of a New Nation” –

The introduction of private property for the common citizen had a salubrious effect on the owners’ sense of initiative, as John Rolfe would observe. By the end of 1619, he reported, the “ancient” (or longtime) colonists had chosen their allotments, “which giveth all great content, for now knowing their owne lande, they strive and are prepared to build houses and to cleare their grounds ready to plant, which giveth ……

Continue Reading Ye Olde Law 608: Eminent Domain & Property Rights, S5E1 @ William & Mary Law

Screenshot 2022-07-07 at 13-44-38 The Brigham-Kanner Property Rights Conference

By now, you know that the 19th Brigham-Kanner Property Rights Conference is set for September 29-30, 2022, at the William and Mary Law School in Williamsburg, Virginia (register here – space is limited – fee ranges from free to $195 – a bargain!). And you know that our colleague Jim Burling is this year’s B-K Prize winner.

But now you know who is speaking at the Conference, and the topics: here’s the full agenda. The list of speakers is too long to list here but check out these topics:

  • Panel 1: The Importance of Property Rights: A Tribute to James S. Burling
  • Panel 2: Reshaping the Framework Protecting Property Under the Roberts Court (that’s the panel we’re speaking on)
  • Roundtable: Emerging Issues in Takings and Property Rights Litigation
  • Panel 3: Choosing A Property Regime
  • Panel 4: Property Rights in Times of Scarcity and Crisis

Who can …

Continue Reading Here’s The Full Speaker And Topic List For The Brigham-Kanner Property Rights Conference (Sep 29-30, 2022)

Book_475

In case you have not already obtained your printed copy (you really should subscribe), it is now available in pdf format.

The theme for the issue is “Where Theory Meets Practice,” and with articles on “Property Beyond Flatland,” “Property Rights and the Modern Resurgence of Rent Control,” “Hurdles to Just Compensation,” “Implied Preemption in the Regulation of Land,” and “‘Equitable Compensation’ as ‘Just Compensation’ for Takings.” And more.

Check out the complete article list here, or below.

And don’t forget to mark your calendars for the 2022 Brigham-Kanner Property Rights Conference, in Williamsburg and the William and Mary Law School, September 29-30, 2022. Plan on joining us in the fall for what is, in our opinion, the best single-day conference on property rights.

Table of Contents, Brigham-Kanner Prop. Rts. J. vol. 10 (2021) Continue Reading Brigham-Kanner Property Rights Journal Vol. 10 Now Available

Screenshot 2022-03-07 at 14-43-08 Burling to Receive William Mary Law School’s 2022 Brigham-Kanner Property Rights Prize

Some good news: our Pacific Legal Foundation colleague Jim Burling is slated to receive the 2022 Brigham-Kanner Property Rights Prize in September.

Check out the media release, with more details:

James Burling, Vice President of Legal Affairs at Pacific Legal Foundation, will receive the 2022 Brigham-Kanner Property Rights Prize at William & Mary Law School’s 19th annual Brigham-Kanner Property Rights Conference on September 29-30 sponsored by the William & Mary Property Rights Project.

The Property Rights Project presents the award each year to an individual whose scholarly work and accomplishments affirm that property rights are fundamental to protecting individual and civil rights.

“James Burling is among the foremost students of the relationship between citizens and their government in contemporary America,” said Steven J. Eagle, Professor Emeritus of Law at George Mason University’s Antonin Scalia Law School and the 2019 Brigham-Kanner Prize winner.

Congratulations, Mr. Burling.

Please mark your calendars…

Continue Reading Burling to Receive William & Mary Law School’s 2022 Brigham-Kanner Property Rights Prize

Screenshot 2022-01-24 at 11-03-28 “Equitable Compensation” as “Just Compensation” for Takings

An article, from the just-published issue of the Brigham-Kanner Property Rights Journal, about a rarely-covered academic topic, just compensation.

Brian A. Lee (Brooklyn), “Equitable Compensation” as “Just Compensation” for Takings, 10 Brigham-Kanner Prop. Rts. J. 315 (2021).

Here’s the Abstract:

The Fifth Amendment’s requirement that the government pay “just compensation” to owners of taken property is typically assumed to mean “full” compensation, equivalent to the taken property’s fair market value. In this symposium contribution to the Brigham-Kanner Property Rights Journal, I explore an often overlooked alternative understanding of “just compensation” for takings, one freed from automatic equation with full, fair-market-value compensation. Rooted in traditional equity, this “equitable compensation” alternative has significant historical roots, starting with the Fifth Amendment’s drafters’ striking choice not to follow the Northwest Ordinance of 1787’s requirement of “full” compensation, and running through a line of cases and commentary that has emphasized takings compensation’s equitable…

Continue Reading New Article: “‘Equitable Compensation’ as ‘Just Compensation’ for Takings” (Brigham-Kanner Property Rights Journal)

PXL_20211001_131054682Joe Waldo leading off the Conference with a remembrance of
Toby Prince Brigham, for the eminent property rights practitioner
for whom the Conference is named.

I was honored to speak today at the 2021 Brigham-Kanner Property Rights Conference, and here’s a rough transcript of my remarks.

Seeking Justice Through Just Compensation

Dean Spencer, Professor Been, Professor Butler, and colleagues.

The title of our session is “The Relationship between Eminent Domain and Social and Racial Injustice,” and my colleagues have ably covered the ways in which limitations on the power to take can move us towards justice. And there is little I might add to their contributions, except to note this, a quote from a commentator in a recent story about historical “slum clearance” in the Tampa, Florida, area:

“If you want to know where historic Black neighborhoods were once located, look for a sports arena or…

Continue Reading Seeking Justice Through Just Compensation: 2021 Brigham-Kanner Property Rights Conference

PXL_20210920_195630876

There’s still plenty of time to register and join us for the 18th Annual Brigham-Kanner Property Rights Conference at the William and Mary Law School, Thursday and Friday, September 30 and October 1, 2021.

Yes, you may attend in-person, or remotely. The registration fees are very reasonable, ranging from $0 (yes, free!) to $200 (go here, and click “Tickets” for the details).

This year’s Brigham-Kanner Property Rights Prize winner is Professor Vicki Been (NYU Law). The Conference includes presentations on:

  • Remembering Toby Brigham
  • The Role of Empirical Research in Defining the Scope of Constitutionally Protected Property Rights: A Tribute to Been
  • The Relationship between Eminent Domain and Social and Racial Injustice (this is the panel on which we’ll be presenting)
  • Just Compensation Issues, Changing Public Uses, and Other Recent Developments
  • The Interdependence of Property and First Amendment Rights
  • The Distributional Implications of Land Use Regulation

Details on…

Continue Reading 2021 Brigham-Kanner Property Rights Conference (Sep. 30 – Oct. 1, 2021) – Still Time To Join Us