Volume 5: Property as a Form of Government

October 1–2

Board of Advisors and Journal Staff
Table of Contents

Should We Call Ahead? Property, Democracy, & the Rule of Law

Joseph William Singer

Americans hate regulation. We don’t like being told what to do. We value our freedom, and regulations stop us from doing things we want to do. When you are subject to a regulation, you feel anything but free. But if we hate regulation so much, why do we have so many of them? Why don’t we just get rid of them all? That is a puzzle. (read more)

5 BRIGHAM-KANNER PROPERTY RIGHTS CONF. J. 1 (2016).

Good Government, Core Liberties, and Constitutional Property: An Essay for Joe Singer

Frank I. Michaelman

Joseph Singer’s recent writings on regulation and takings turn my mind once again to questions I have broached previously in this Journal about the point of American constitutional protections for property. Immediately, then, my topic has to narrow down. Some constitutions elsewhere include clauses of so-called “institutional guarantee,” positively committing the state to the upkeep by its legal system of forms of institutional order we would recognize as private property, along with full and fair access by all to that order and its benefits. (read more)

5 BRIGHAM-KANNER PROPERTY RIGHTS CONF. J. 27 (2016).

Property, Democracy, & the Constitution

Michael M. Berger

For the past half century, the country has been in a turmoil over what increasing numbers of Americans perceive as excessive government intrusion into the private sphere, notably with regard to the use of eminent domain and severe land use regulations. Many defenders of such government intrusions embrace noble motivations, such as being “for the environment” (if not the entire planet) and therefore favor severe land use regulations. (read more)

5 BRIGHAM-KANNER PROPERTY RIGHTS CONF. J. 45 (2016).

What Does the Constitutional Protection of Property Mean?

Laura S. Underkuffler

It is a great pleasure to honor Professor Joe Singer’s work today. His work has illuminated the deep structures and questions that the idea of property presents, in a way matched by few others. Scholars in the United States and elsewhere are profoundly indebted to his work. (read more)

5 BRIGHAM-KANNER PROPERTY RIGHTS CONF. J. 109 (2016).

The Strange Career of Private Takings of Private Property for Private Use

Jan G. Laitos

Throughout the Intermountain West, an interesting and disconcerting trend is occurring in resort communities that are also world-class skiing meccas, such as Breckenridge, Aspen, Telluride in Colorado or Summit County in Utah. Wealthy second-home buyers, dubbed “amenity migrants,” have driven up prices so much in these communities that virtually no one else can afford to either buy or rent homes there. (read more)

5 BRIGHAM-KANNER PROPERTY RIGHTS CONF. J. 125 (2016).

Property, Intellectual Property, and Social Justice: Mapping the Next Frontier

Peter S. Menell

Professor Joseph Singer’s property scholarship explores the human, cultural, social, and distributive dimensions of property law. Using his body of work as a springboard, this Article explores the crosscurrents flowing between intellectual property and social justice. (read more)

5 BRIGHAM-KANNER PROPERTY RIGHTS CONF. J. 147 (2016).