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Volokh Conspiracy

AALS conference panel on "Public Use Since Kelo"


I have organized a panel on "Public Use since Kelo" at the upcoming 2015 AALS annual conference. The other participants, besides me, will be Josh Blackman (South Texas), Carol Brown (University of Richmond), David Dana (Northwestern), Alexandra Klass (Minnesota), and Julia Mahoney (University of Virginia). The panel will run from 2 to 3:45 PM on Sunday, January 4. Here is a description:

Kelo v. City of New London (2005) was one of the most controversial rulings in the modern history of the Supreme Court. This panel addresses the decision's legal and political impact over the last decade. Among the topics covered will be the massive political reaction generated by Kelo, which led to the enactment of eminent domain reform laws in 45 states (more legislation than has ever been generated by any other Supreme Court decision). There is much disagreement about the desirability of these reforms and their likely effects. In addition to its political and legislative impact, Kelo has had a substantial influence on property rights jurisprudence in state and lower federal courts. We will also consider the ongoing controversy over the costs and benefits of the use of eminent domain in the years since Kelo. The debate ranges over such seemingly disparate issues as "blight" condemnations and the use of eminent domain for pipelines and public utilities. Finally, some of the panelists will focus on the ongoing debate over the meaning of the Public Use Clause of the Fifth Amendment, which many believed to be effectively over until it was rekindled by Kelo.

My presentation will preview the discussion of post-Kelo eminent domain reform and developments in public use jurisprudence in my forthcoming book on Kelo and its aftermath.

I will also be doing a presentation on "The Mainstreaming of Libertarian Constitutionalism" (forthcoming article coauthored with co-blogger David Bernstein) at the parallel Federalist Society Faculty Conference. The presentation is part of a panel that runs from 11 to 12:30 on Saturday, January 3.

I look forward to seeing friends, colleagues, and Volokh Conspiracy readers at both events!