The 18th Annual Conference on Litigating Takings Challenges to Land Use and Environmental Regulations
Friday, September 25, 2015
The University of Maryland Francis King Carey School of Law
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About the Conference
This conference explores the takings issue as it relates to land use, environmental rules and other forms of economic regulation. In addition to offering a basic education in modern takings law, the conference brings together a diverse group of leading scholars and experienced practitioners to discuss cutting-edge issues. Some of the topics to be discussed include the practical implications of the U.S. Supreme Court's recent takings decisions and pending takings issues before the Maryland Court of Appeals. The conference will also address the significance of the Supreme Court decision in
Kelo v. City of New London on the 10th anniversary of that controversial case. Other issues to be discussed include potential takings issues arising from government efforts to deal with flooding and other disasters, local government access to insurance against takings claims, and novel takings claims based on the theory that property owners have an entitlement to regulatory protections.
CLE accreditation will be requested for 7.75 CLE credits (based on a 60-minute hour), and 9.3 CLE credits (based on a 50-minute hour).
Key Questions to be Addressed
- Where is the U.S. Supreme Court headed on takings?
- How should we celebrate the tenth birthday of the
- Can government failure to regulate give rise to takings claims?
- Do personal and real property have the same level of protection under the Takings Clause?
- Can local governments obtain insurance against takings claims?
- How will the courts resolve the AIG and Fannie Mae bailout takings cases?
- Can the bankruptcy process be redesigned to better protect homeowners?
7:30 to 9:30
Registration and Continental Breakfast
8:00 to 9:00
Introductory Program on Takings and Related Constitutional Doctrines
Robert Meltz, Congressional Research Service
Daniel Siegel, California Attorney General's Office
9:00 to 9:15
Welcome and Introductions
9:15 to 10:15
The Nature of Property in Takings Cases
Lynda L. Butler, William & Mary Law School
Steven R. Johnson, Maryland Department of the Environment
Michael Pappas, University of Maryland Francis King Carey School of Law
10:15 to 10:30
10:30 to 11:45
Nestor M. Davidson, Fordham Law School
Kenneth M. Dintzer, U.S. Department of Justice
Jerry Stouck, Greenberg Traurig LLP
Jennifer Taub, Vermont Law School
11:45 to 12:30
Takings and Insurance
Samantha A Medlock, White House Council on Environmental Quality
Christopher Serkin, Vanderbilt Law School
12:30 to 1:00
1:00 to 1:30
Robert Percival, University of Maryland Francis King Carey School of Law
Ways Not to Think About Regulatory Takings: Professor Tribe and Why Takings Issues Will Outlive Plastic Trees
1:30 to 2:30
Disasters and Takings
Mark Davis, Tulane University School of Law
James Gette, U.S. Department of Justice
Justin Pidot, University of Denver Sturm College of Law
2:30 to 3:30
Kelo Ten Years Out
Alexandra Klass, University of Minnesota Law School
Ilya Somin, George Mason University School of Law
Elva E. Tillman, Baltimore Solicitor's Office
3:30 to 3:45
3:45 to 5:15
Whither the Supreme Court on Takings
J. Peter Byrne, Georgetown University Law Center
John D. Echeverria, Vermont Law School
Edwin S. Kneedler, U.S. Department of Justice
Carol Rose, Yale and Arizona Law Schools
Daniel P. Selmi, Loyola Law School
5:15 to 6:30