2014 BRIGHAM-KANNER PROPERTY RIGHTS CONFERENCE
Friday, October 31, 2014
8:00 A.M. Registration and Continental Breakfast
William & Mary Law School
8:30 – 10:15 A.M. - Panel 1: The Role of the Advocate in Defining Property
This panel will examine the influence of the advocate in defining property rights. Tahoe-Sierra, Del Monte Dunes, Presault, First English and other cases argued by the 2014 prize recipient Michael Berger will provide a springboard for discussion. Though the primary focus will be on constitutionally protected property, the relationship between common law and constitutional property will also be considered.
Michael Berger, Manatt, Phelps & Phillips, LLP, Los Angeles, California
Dana Berliner, Institute for Justice
Janet Handy Bush, Deputy Counsel, Maryland Attorney General’s Office
Thomas W. Merrill, Charles Evans Hughes Professor of Law, Columbia Law School
Moderator: Lynda L. Butler, Chancellor Professor & Director, Property Rights Project, William & Mary Law School
10:15 – 10:30 A.M. – Networking Break
10:30 – 12:00 P.M. Panel 2: Resurgence of Property Principles under the Fourth Amendment
The modern assumption is that the Fourth Amendment protects privacy, but two recent U.S. Supreme Court cases have re-directed the analysis to bedrock property principles. United States v. Jones and Florida v. Jardines are reminiscent of the pre-Katz Fourth Amendment analysis, invoking property principles including trespass to evaluate the validity of Fourth Amendment searches rather than a reasonable expectation of privacy standard. This panel will discuss the pros and cons of an analysis focused on property principles, including possible implications for property rights more generally. It will also consider whether the privacy standard in electronic eavesdropping jurisprudence needs to be reconsidered as Justice Sotomayor suggested in Jones.
Fabio Arcilo, Jr., Professor of Law, Touro Law Center
Morgan Cloud, Charles Howard Candler Professor of Law, Emory University
Orin S. Kerr, Fred C. Stevenson Research Professor of Law, George Washington University
Herbert W. Titus, Of Counsel, William J. Olson, P.C., Virginia
Moderator: Joseph T. Waldo, Waldo & Lyle, Norfolk, Virginia
12:00 – 1:15 Lunch
1:15 – 2:45 P.M. - Panel 3: Balancing Private Property and Community Rights
Defining the relationship between public and private property rights is a difficult task, raising fundamental questions about our legal, economic, and political systems. The U.S. Supreme Court’s decision in Koontz invites reconsideration of the boundary between those government actions accorded broad deference under the police power despite their impact on private property and those subject to heightened judicial scrutiny because of their impact on property rights. This panel will consider where the line should be drawn in the land use regulatory setting and will discuss the nationwide impact of Koontz.
James S. Burling, Pacific Legal Foundation
Steven J. Eagle, Professor of Law, George Mason University
Richard A. Epstein, Laurence A. Tisch Professor of Law, New York University
Marc R. Poirier, Professor of Law & the Martha Traylor Research Scholar, Seton Hall
Moderator: James Y. Stern, Assistant Professor of Law, William & Mary Law School
2:45 – 3:00 P.M. – Networking Break
3:00 – 4:30 P.M. - Panel 4: Property Rights in Developing and Transitional Countries
The age-old debate about the role of property rights in society will provide a framework for exploring the importance of property rights to the economic, political, and social systems of developing and transitional countries. Among other topics, the panel will consider land titling initiatives, the growing problem of land scarcity, the customary rights of indigenous and rural communities, and the role of property rights as a source of legal empowerment.
David L. Callies, Benjamin A. Kudo Professor of Law, William S. Richardson School of Law, University of Hawaii
James W. Ely, Jr., Milton R. Underwood Professor of Law, Emeritus, & Professor of History, Emeritus, Vanderbilt Law School
Weixing Shen, Professor, Tsinghua University Law School
Christie Warren, Professor of the Practice of International and Comparative Law and Director, Program in Comparative Legal Studies and Post-Conflict Peacebuilding, William & Mary Law School
Moderator: James E. Krier, Earl Warren DeLano Professor of Law, University of Michigan
4:30 – 5:00 P.M. Reception - William & Mary Law School Lobby
Please contact Kathy Burger at [[ktburger,Email Kathy Burger]] or call (757) 221-3796 for more information.