Articles and publications

Each year, the Texas A & M Journal of Property Law publishes a symposium on some aspect of dirt law.

This year, the subject is “Day Zero: How Cities Run Out of Water.”

Here’s the program description:

This symposium is centered around Professor Rhett Larson’s (Arizona State University) forthcoming book, Day Zero:

Here’s one you don’t want to miss. Lawprof Shelley Ross Saxer has published “Forfeiture Takings, Police Power, and Necessity Destruction,” 80 U. Miami L. Rev. 147 (2025).

Here’s the Abstract:

Civil forfeiture laws allow law enforcement to seize property when there is probable cause it has been used or possessed in violation of

Check out a newly-published law review article by lawprof Timothy Harris, “The Contracts Clause Can be Enforced via Section 1983, Period: The Nonexistent Circuit Court ‘Split’,” 78 SMU L. Rev. Forum 106 (2025).

The article delves into the issue of whether 42 U.S.C. § 1983 is the cause of action to bring

Rethinking
Available now. 

Just published: Rethinking the Law of Private Property, edited by lawprof Jan Laitos, with chapters by some of Dirt Law’s most notable luminaries. Here’s the abstract:

In Rethinking the Law of Private Property, eminent legal scholars consider how private property rights might be transformed and realigned to better cope with modern challenges.

Catastrophe

Check this out, a new student note published in the latest edition of the William and Mary Environmental and Policy Review, J. Cameron Niemeyer, Stopping a Cat-tastrophe: States Must Develop Stricter Management Regimes for Controlling Feral Cat Populations, 49 Wm. & Mary Env’t L. & Pol’y Rev. 739 (2025). 

Download the pdf here

Euclidsymposium

With the 100th anniversary of Village of Euclid v. Ambler Realty Co. nearly upon us in 2026, we’ve put together a series of events designed to reexamine the case that set the stage for a century’s-worth of intense land use regulations and restrictions.

Are Euclid‘s assumptions and conclusions still valid? If the

JLEPcover

Last year, we attended a conference devoted to the future of regulatory takings, hosted by the Antonin Scalia School of Law (George Mason U), and Pacific Legal Foundation.

The publisher, the Journal of Law, Economics, and Policy has released the articles and essays from that conference, and made them available here

Here’s the

Bradyfrontpage

Be sure to check out the latest scholarship from lawprof Molly Brady, which sheds new light on the public use question in eminent domain, “Debates Over ‘Public Use’ in the State Constitutional Conventions,” forthcoming from the Yale Journal of Regulation. 

Here’s the Abstract:

Historians and legal scholars alike have previously noted that the

Righttoretrievecover

Be sure to read this recently-published piece in the William and Mary Bill of Rights Journal, Mason Miller, “Hunting for Meaningful Boundaries: Virginia’s Dog Retrieval Statute and Defining Per Se Regulatory Takings Under Cedar Point,” 33 Wm. & Mary Bill of Rights J. 1271 (2025). 

The article focuses on Virginia’s so-called “right

Backgroundprinciples

Here’s the latest, a student-authored note, “‘Background Principles’ and the General Law of Property,” 138 Harv. L. Rev. 2071 (2025).

Here’s the argument:

Background principles are a strong medicine. When a court analyzes a takings claim, it must first identify the property interest at issue before deciding the more complex, discretionary question of