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Property Rights

Protecting Property Rights in the Sharing Economy

Environmental Law & Property Rights Practice Group Teleforum Thursday, July 14, 03:00 PMFederalist Society Teleforum Conference Call

On June 1, Arizona Governor Doug Ducey signed legislation prohibiting local and municipal governments from banning Internet-based “sharing economy” rental services like Airbnb and VRBO, which connect travelers with short-term vacation rentals. Property rights advocates have applauded the legislation, claiming that cities across the country have been banning private short-term rentals without legitimate justification, turning responsible property owners into outlaws simply because they allow guests to stay in their homes. Opponents assert that allowing commercial sharing-economy hosts to operate what they characterize as “illegal hotels” is unfair to conventional hotel operators who are forced to compete on an uneven playing field, as well as to property owners who may suddenly find their buildings and neighborhoods filled with busy rental properties. Our experts will discuss the legislation and broader issues relating to property rights and the sharing economy.

Featuring:

  • Grady Gammage, Jr., Founding Member, Gammage & Burnham PLC
  • Christina Sandefur, Executive Vice President, Goldwater Institute

Drones & Property Rights

Short video featuring Gregory S. McNeal
Gregory S. McNeal April 22, 2016

Gregory S. McNeal, Associate Professor of Law and Public Policy at Pepperdine School of Law, discusses some property rights questions that are associated with drone use. Do property owners own the air above their property? Can they destroy a drone that flies onto their property? How should disputes between property owners and drone users be settled?

Federalism and Environmental Law - Event Audio/Video

2016 Annual Florida Chapters Conference
Avi Garbow, Matthew Z. Leopold, Erin Ryan, Patrick Strawbridge, Edward L. Artau, Gregory M. Munson February 03, 2016

This panel will discuss whether we have Federal overreach in this environmental law area, such as current interpretations of the Clean Water Act, Clean Air Act, Clean Power Plan, etc., and what the appropriate roles for the Federal Government and Florida are in the context of environmental law.

This panel was part of the 2016 Annual Florida Chapters Conference at Disney's Boardwalk Inn in Lake Buena Vista, FL on January 22-23, 2016.

Federalism and Environmental Law

  • Mr. Avi Garbow, General Counsel, United States Environmental Protection Agency
  • Mr. Matthew Z. Leopold, Of Counsel, Carlton Fields Jorden Burt PA and former General Counsel, Florida Department of Environmental Protection
  • Prof. Erin Ryan, Professor, Florida State University College of Law
  • Mr. Patrick Strawbridge, Partner, Consovoy McCarthy Park PLLC
  • Moderator: Hon. Edward L. Artau, Florida 15th Judicial Circuit
  • Introduction: Mr. Gregory Munson, Shareholder, Gunster

Disney's Boardwalk Inn
Lake Buena Vista, FL

The Constitutional Foundations of Intellectual Property -- A Natural Rights Perspective - Podcast

Intellectual Property Practice Group Podcast
Seth L. Cooper, Randolph J. May, Mark F. Schultz October 22, 2015

Protection of intellectual property (IP) rights is indispensable to maintaining a vibrant economy, especially in the digital age as creativity and innovation increasingly take intangible forms. Long before the digital age, however, the U.S. Constitution secured the IP rights of authors and inventors to the fruits of their labors. The essays in The Constitutional Foundations of Intellectual Property: A Natural Rights Perspective explore the foundational underpinnings of intellectual property that informed the Constitution of 1787, and it explains how these concepts informed the further development of IP rights from the First Congress through Reconstruction. The essays address the contributions of important figures such as John Locke, George Washington, James Madison, Thomas Jefferson, Noah Webster, Joseph Story, Daniel Webster, and Abraham Lincoln to the development of IP rights within the context of American constitutionalism. Claims that copyrights and patents are not property at all are in fashion in some quarters. This book’s essays challenge those dubious claims. Unlike other works that offer a strictly pragmatic or utilitarian defense of IP rights, this book seeks to recover the Constitution’s understanding of IP rights as ultimately grounded in the natural rights of authors and inventors.

Featuring:

  • Seth L. Cooper, Senior Fellow, The Free State Foundation
  • Randolph J. May, President, The Free State Foundation
  • Prof. Mark F. Schultz, Senior Scholar & Co-Director of Academic Programs, Center for the Protection of Intellectual Property, George Mason University School of Law and Associate Professor, Southern Illinois University School of Law

How Long are Horne's Horns? - Podcast

Environmental Law & Property Rights Practice Group Podcast
John D. Echeverria, Michael W. McConnell October 02, 2015

In Horne v. U.S. Department of Agriculture, eight justices of the Supreme Court agreed that a governmental taking of personal property, just like real property, was a compensable taking under the Fifth Amendment. In Horne, the government took physical control of parts of the Horne's raisin crop, withholding it from the market in order to influence raisin prices. Under other agricultural programs, growers are permitted to send to market only certain quantities of the produce, though the government never takes physical control of the goods. Just how sweeping is the Horne decision? Does it apply to all forms of personal property? What level of control must the government exercise over personal property in order for there to be a compensable taking? Are these other agricultural programs now suspect?

Featuring:

  • Prof. John D. Echeverria, Vermont Law School
  • Hon. Michael W. McConnell, Professor of Law and Director, Stanford Constitutional Law Center, Stanford Law School