William and Mary Law School

2013 Panels and Roundtable

This was the schedule for the 2013 Brigham-Kanner Property Rights Conference
Stay tuned for the upcoming conference in 2014




Program Panels


The 10th Annual Brigham-Kanner Property Rights Conference will explore the essence of property. Panelists will debate the meaning of property’s fundamental core, examine the relationship between government and property rights, consider the extent to which property rights might be forced to change in times of transition, and evaluate the impact of the Court’s recent takings decisions.


Panel 1: The Impact of a Leading Property Scholar: Defining the Essence of Property 

This panel will explore one of the many ways Tom Merrill’s scholarship has impacted property jurisprudence by focusing on how he defines and explains the essence of property. After hearing Merrill’s thoughts on the fundamental role of the right to exclude, panelists will offer their own views on the core of property. The panel will cover a variety of perspectives, including communitarian, libertarian, and pluralist views.

Opening Remarks on “Exclusion and Its Rivals:” Thomas W. Merrill, Charles Evans Hughes Professor of Law, Columbia Law School:


  • Hanoch Dagan, Stewart and Judy Colton Professor of Law, Tel Aviv University Law School
  • Robert Ellickson, Walter E. Meyer Professor of Property and Urban Law, Yale Law School
  • Larissa Katz, Associate Professor of Law, Queen’s University Law School (University of Toronto Law School as of July 1)
  • Henry E. Smith, Fessenden Professor of Law and Director, Project on the Foundations of Private Law, Harvard Law School
  • Mark Savin, Fredrikson & Byron, P.A., Minneapolis, Minnesota

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

10:15-10:30: Networking Break


Panel 2: Promoting Government Forbearance 

This panel will discuss how best to promote government forbearance. In addition to debating how much government should forbear from interfering with property rights, the panel will explore the values promoted by government forbearance. The discussion will include consideration of different ways to promote forbearance, including the Contracts, Due Process, and Takings Clauses.

  • James W. Ely, Jr., Milton R. Underwood Professor of Law, Emeritus, Professor of History, Emeritus, and Lecturer in Law, Vanderbilt University
  • William Fischel, Professor of Economics & Robert C. 1925 & Hilda Hardy Professor of Legal Studies, Dartmouth College
  • Laura Underkuffler, Associate Dean for Academic Affairs and J. DuPratt White Professor of Law, Cornell Law School
  • Andrew Prince Brigham, Brigham Property Rights Law Firm PLLC, Jackson, Florida

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

12:00-1:15: Lunch


Roundtable Panel: The Implications of the Court’s Recent Takings Cases 

This panel will consider the impact of recent takings cases on the Court’s takings jurisprudence. To what extent do the decisions in Arkansas Game & Fish Commission v. United States, Koontz v. St. Johns River Water Management District, and Horne v. United States Dep’t of Agriculture clarify or shift the direction of takings law? What do the decisions reveal about the Court’s approach to constitutionally protected property?

  • J. Peter Byrne, Associate Dean for the J.D. Program, Professor of Law, Faculty Director, Georgetown Climate Center, Georgetown University Law Center
  • James S. Burling, Director of Litigation, Pacific Legal Foundation, Sacramento, California
  • Michael Rikon, Goldstein, Rikon, Rikon & Houghton, P.C., New York, New York
  • Ilya Somin, Professor of Law, George Mason University School of Law

Moderator: Joseph T. Waldo, Waldo & Lyle, P.C., Norfolk, Virginia

2:45-3:00: Networking Break


Panel 4: Property Rights in Times of Transition 

This panel will consider the extent to which property rights might have to change in times of transition. Defined broadly, those times could involve new knowledge or understandings, technological advances, unexpected changes in conditions, new public needs, shifting societal or cultural values, new laws, or other disruptions or surprises. Among other issues, the panel will discuss constitutional constraints on redefining property rights in times of transition.

  • Nestor M. Davidson, Professor of Law, Fordham University School of Law, and Director, Fordham Urban Law Center
  • Holly Doremus, James H. House and Hiram H. Hurd Professor of Environmental Regulation, University of California Berkeley School of Law
  • James E. Krier, Earl Warren DeLano Professor of Law, University of Michigan
  • Dana Berliner, Litigation Director, Institute for Justice, Arlington, Virginia

Moderator: Christopher L. Griffin, Jr., Assistant Professor of Law, William & Mary Law School

4:30-5:30: Reception