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News Release

Vermont Law Review Examines Litigating Takings, Scalia's Legacy

Wednesday, July 26, 2017


Vermont Law Review at Vermont Law School presents articles by leading environmental and land use experts on litigating takings—when the government seizes and regulates private property—and Supreme Court Justice Antonin Scalia's takings legacy in its latest publication, Vol. 41 Book 4, released this summer.

The book is the first in Vermont Law Review's two-part series on the 2016 Conference on Litigating Takings to Land Use and Environmental Regulations. The 2017 conference, co-sponsored by the Environmental Law Center at VLS, will be held Oct. 6 at University of Minnesota Law School.

"The articles published in our most recent issue focus on the late Justice Scalia's contributions to contemporary takings jurisprudence," said Jessica Bullock JD'17, editor-in-chief of Vermont Law Review Vol. 41. "We are very fortunate to have had the opportunity to publish an article from our very own Professor John Echeverriaand several other prominent takings scholars. Vermont Law Review's readership can anticipate a second set of takings articles this fall."

In the introduction to his article, "Antonin Scalia's Flawed Takings Legacy," Echeverria wrote, "My basic conclusions are: (1) Justice Scalia's contributions to takings law, though hardly insubstantial, turned out to be relatively modest; and (2) his takings work was deeply flawed, both as a matter of legal doctrine and because of its negative effects on society."

Additional articles on Scalia's takings legacy include "Justice Scalia's Rule of Law and Law of Takings" by Nicole Stelle Garnett and "A Hobbesian Bundle of Lockean Sticks: The Property Rights Legacy of Justice Scalia" by J. Peter Byrne.

Book 4 also features "Justice in Taxation" by Tyler A. LeFevre; "Trust or Bust: Complications with Tribal Trust Obligations and Environmental Sovereignty" by Nadia B. Ahmad; "Balancing the Fishes' Scales: Tribal, State, and Federal Interests in Fishing Rights and Water Quality in Maine" by Patrick Marass JD'17; and "Giza to the Galápagos: A Critique of the Current UNESCO World Heritage System and How to Fix It" by Tim Cunningham JD'17.

Vol. 41 Book 4 articles, as well as a full Vermont Law Review archives, are available for download at

Vermont Law Review is a journal of legal scholarship published by Vermont Law School students in consultation with VLS faculty and administration. Vermont Law Review's main objectives are to present readers with timely, topical information concerning the legal profession and legal scholarship, and to afford Vermont Law Review members an educational experience that will hone their skills in research, writing, legal analysis, and leadership. For more information about Vermont Law Review, including archived editions, visit


Vermont Law School, a private, independent institution, is home to the nation's largest and deepest environmental law program. VLS offers a Juris Doctor curriculum that emphasizes public service; three Master's Degrees—Master of Environmental Law and Policy, Master of Energy Regulation and Law, and Master of Food and Agriculture Law and Policy; and four post-JD degrees —LLM in American Legal Studies (for foreign-trained lawyers), LLM in Energy Law, LLM in Environmental Law, and LLM in Food and Agriculture Law. The school features innovative experiential programs and is home to the Environmental Law Center, South Royalton Legal Clinic, Environmental and Natural Resources Law Clinic, Energy Clinic, Food and Agriculture Clinic, and Center for Applied Human Rights. For more information, visit, find us on Facebook, and follow us on Twitter and Instagram.​