William and Mary Law School

Program Panels

2014 Brigham-Kanner Property Rights Conference

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, Preseault, 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 M. Berger; Partner; Manatt, Phelps & Phillips, LLP; Los Angeles, California

  • Dana Berliner; Litigation Director, Institute for Justice; Arlington, Virginia

  • Janet Bush Handy; Deputy Counsel, SHA; Assistant Attorney General, Maryland Office of the Attorney General; Baltimore, Maryland

  • Thomas W. Merrill, Charles Evans Hughes Professor of Law, Columbia Law School

    Moderator: Lynda L. Butler, Chancellor Professor of Law and  Director, William & Mary Property Rights Project, William & Mary Law School 

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 Arcila, Jr., Associate Dean for Research & Scholarship, and 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, The George Washington University Law School

  • Herbert W. Titus;  Of Counsel,  William J. Olson, P.C.; Vienna, Virginia

    Moderator: Joseph T. Waldo; Partner, Waldo & Lyle; Norfolk, Virginia

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; Director of Litigation, Pacific Legal Foundation; Sacramento, California

  • Steven J. Eagle, Professor of Law, George Mason University School of Law

  • Richard A. Epstein, Laurence A. Tisch Professor of Law, New York University School of Law; Peter and Kirsten Bedford Senior Fellow, The Hoover Insitution; James Parker Hall Distinguished Service Professor of Law, Emeritus and Senior Lecturer, The University of Chicago

  • Marc R. Poirier, Professor of Law & Martha Traylor Research Scholar, Seton Hall University School of Law

    Moderator: James Y. Stern, Assistant Professor of Law, William & Mary Law School

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, University of Hawai'i at Manoa William S. Richardson School of Law

  • James W. Ely, Jr., Milton R. Underwood Professor of Law, Emeritus, and Professor of History, Emeritus, Vanderbilt University

  • Weixing Shen; Professor of Law and Vice Dean, Tsinghua University School of Law; Beijing, China

  • 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 Law School