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April 11, 2023 Professors' Corner

Professors' Corner - The Property Paradox: Regulation and a "New" Fundamental Right to Private Property

Professors' Corner is a monthly webinar which features a panel of law professors, discussing recent cases or issues of interest to real estate or trust and estate practitioners and scholars. The Professor's Corner Webinar is sponsored by the Joint Legal Education and Uniform Laws Group of the ABA Section of Real Property, Trust and Estate Law

Joint Legal Education and Uniform Laws Group
Professors' Corner is a monthly webinar featuring a panel of law professors.

Professors' Corner is a monthly webinar featuring a panel of law professors.

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Description

Professors' Corner - The Property Paradox Regulation and a New Fundamental Right to Private Property

Recorded on April 11, 2023

Panelists:

  • Richard Epstein (NYU)
  • Jan Laitos (Denver of Denver)

Moderator

  • Shelby Green (Pace Univsersity)

The regulation of private property is paradoxical. On the one hand, some regulation advances and protects private property, but in other instances, regulation constrains and limits private property rights. Courts considering property owner claims of regulation overreach similarly reflect two widely conflicting views of private property and regulation. Some courts treat property as a non-fundamental right and deferentially apply a rational basis standard that almost always sustains the challenged regulation. As a matter of constitutional history (from John Locke to John Adams), however, private property has been treated as a foundational and explicitly protected right. This webinar explores the dual nature of regulation and the varying conceptions of property rights adopted by courts considering the question of how and to what extent private property may be regulated by the state.

Member Benefits

The content of this program does not meet requirements for continuing legal education (CLE) accreditation. You will not receive CLE credit for for this program or any Professors’ Corner programs.

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