University of Hawaii Law School Professor David Callies last night was presented with William and Mary Law School’s Brigham-Kanner Property Rights Prize which is “presented annually to a scholar, practitioner or jurist whose work affirms the fundamental importance of property rights.”
As W&M notes about Professor Callies, a “prolific scholar whose work explores land use, property, and state and local government law, Callies has lectured around the world and authored or collaborated on about 90 articles and 20 books. He has been a member of the prestigious American Law Institute since 1990 and is the Benjamin A. Kudo Professor of Law at the University of Hawaiʻi at Mānoa. Prior to entering academia, he was an attorney in private practice and an assistant state’s attorney.”
We’re spending today in a series of panels which explore and build upon Professor Callies’ lifetime of work. Michael Berger, a past Prize winner, kicked off the day on the panel “The Future of Land Regulation and a Tribute to David Callies,” with a discussion of how Callies went from being the author of The Taking Issue (which Professor Gideon Kanner has referred to as a “failed propaganda screed“) in the early part of his career, to a scholar who plainly recognizes the critical role of property rights and the regulatory taking doctrine.
Callies joins a prestigious list of prior Prize winners, a list that has reached 14, and now requires two brass plaques at the William and Mary Law School, just outside Classroom 1.
I spoke on the first panel of the day, the above-mentioned “The Future of Land Regulation and a Tribute to David Callies,” along with Michael Berger, Professor James Ely (also a prior winner), and Pepperdine Law School Professor Shelley Saxer. Here are links to the cases and other materials I spoke about, or that are in my written materials:
- Bosselman, Callies, and Banta, The Taking Issue
- Gideon Kanner, Helping the Bear, Or “The Taking Issue” Was a Failed Propaganda Screed. So Why Is It Being Celebrated?
- The backstory behind Hadacheck: Takings Pilgrimage, LA Edition: Police Power, The Zoning Game, And Nuisances
- Hawaii Housing Auth. v. Midkiff, 467 U.S. 229 (1984).
- Kaiser Aetna v. United States, 444 U.S. 164 (1979).
- Lingle v. Chevron, U.S.A., Inc., 544 U.S. 528 (2005).
- Justice Kennedy’s concurring opinion in Kelo v. City of New London.
- Hawaii water rights and the public trust: Kauai Springs, Inc. v. County of Kauai Planning Comm’n, 324 P.3d 951 (2014).
- The public trust in natural resources: Hawaii’s Thirty Meter Telescope case (findings of fact and conclusions of law).
- Takings, property, and the sharing economy: Thomas, “Property” and Investment-Backed Expectations in Ridesharing Regulatory Takings Claims, 39 U. Haw. L. Rev. 301 (2017).
- Thomas, Restatement (SCOTUS) of Property: What Happened to Use in Murr v. Wisconsin? (forthcoming).