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    2022 Brigham-Kanner Property Rights Conference Speaker Panels

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    5K views2 pages

    2022 Brigham-Kanner Property Rights Conference Speaker Panels

    Uploaded by

    RHT
    2022 Brigham-Kanner Property Rights Conference Speaker Panels

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 2

    2022 BRIGHAM-KANNER PROPERTY RIGHTS CONFERENCE PANELS

    Panel 1: The Importance of Property Rights: A Tribute to James S. Burling


    For the whole of his professional career, Jim Burling has devoted his practice to protecting and
    advancing private property rights. From rent control and inclusionary zoning to government-
    authorized seizures, flooding, and the meaning of “public use,” Jim has worked vigorously to
    reaffirm private property as fundamental to individual liberty, shoring up the “boundaries” of
    property, in both a physical and economic sense. Using Jim’s work as a springboard, this panel
    probes the boundaries of property rights and the extent to which courts and commentators disagree
    about property’s reach.

    Opening Remarks: James Burling, Vice President of Legal Affairs, Pacific Legal
    Foundation
    Panelists:
     Vicki Been, Judge Edward Weinfeld Professor of Law, NYU School of Law
     Michael Berger, Senior Counsel, Manatt, Phelps & Phillips, LLP
     Steven Eagle, Professor of Law, Emeritus, Antonin Scalia Law School, George
    Mason University
     Eric Claeys, Professor of Law, Antonin Scalia Law School, George Mason
    University

    Moderator: Lynda Butler, Chancellor Professor, Emerita, and Director, Property Rights
    Project, William & Mary Law School
    Panel 2: Reshaping the Framework Protecting Property Under the Roberts Court
    The Roberts Court has announced a number of decisions expanding the importance of property
    under the Constitution. In addition to reshaping takings jurisprudence in decisions such as Knick,
    Cedar Point, Horne, Koontz, and other decisions, the Court has shown a willingness to apply a
    property lens to other constitutional provisions. This panel explores the impact of the Roberts
    Court on the constitutional framework protecting property.

    Panelists:
     David Callies, Benjamin A. Kudo Professor of Law, Emeritus, University of
    Hawaii at Manoa
     Timothy M. Mulvaney, Professor of Law, Texas A&M University School of Law
     David Owen, Professor of Law, UC Hastings College of Law
     Robert Thomas, Joseph T. Waldo Visiting Chair, William & Mary Law School,
    and Senior Attorney, Pacific Legal Foundation
    Moderator: James Stern, Professor of Law, William & Mary Law School

    Roundtable: Emerging Issues in Takings and Property Rights Litigation


     James W. Ely, Jr., Milton R. Underwood Professor of Law, Emeritus, and Professor of
    History, Emeritus, Vanderbilt University
     Leslie Fields, Executive Director, Owners’ Counsel of America
     Chris Kieser, Attorney, Pacific Legal Foundation

    1
    Moderator: Andrew Brigham, Managing Partner, Brigham Property Rights Law Firm,
    PLLC

    Panel 3: Choosing A Property Regime


    Some view property primarily as a choice between public and private rights. Others envision the
    institution of property as having a more complex array of arrangements. Those other arrangements
    might, for example, include open access (e.g., ocean fisheries), semi-commons (such as shared
    pasture lands), and inherently public property (navigable waters), with the choice depending on
    the nature of the resource, the context, and core societal and political values. This panel considers
    the efficacy of different property regimes for various situations, exploring the factors that affect
    the choice of a regime for particular resource and social settings and the role of core political and
    social values in making the choice.

    Panelists:
     Gregory S. Alexander, Robert Noll Professor of Law, Emeritus, Cornell Law
    School
     Bethany Berger, Wallace Stevens Professor of Law, University of Connecticut
    Law School
     Jessica Shoemaker, Steinhart Foundation Distinguished Professor of Law,
    Nebraska College of Law
     Randall A. Smith, Founder and Managing Partner, Smith & Fawer, LLC

    Moderator: Katherine Mims Crocker, Associate Professor of Law, William & Mary Law
    School

    Panel 4: Property Rights in Times of Scarcity and Crisis


    How resilient are property rights in times of prolonged resource scarcities and serious
    environmental crises? Under what circumstances would private rightsholders support efforts to
    reform the law governing their interests? How much change could a private property system absorb
    and remain stable? This panel explores these questions and more in the context of recent efforts to
    address severe droughts, wildfires, and other environmental disasters.

    Panelists:
     Holly Doremus, James H. House and Hiram H. Hurd Professor of Environmental
    Regulation, Berkeley Law School
     Hertha L. Lund, Attorney/Founder, Lund Law, PLLC
     Vanessa Casado Perez, Associate Professor of Law, Texas A&M University School
    of Law
     TBA

    Moderator: Joshua Baker, Partner, Waldo & Lyle

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