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Property Law

Property Rights and the Florida Environment

Orlando Lawyers Chapter Wednesday, October 04, 11:30 AMDoubltree by Hilton Orlando Downtown
60 S. Ivanhoe Boulevard
Orlando, FL 32804

Speakers:

  • Adam H. Putnam - Commissioner, Florida Department of Agriculture and Consumer Service
  • Daniel Peterson - Director of the Center for Property Rights, The James Madison Institute

Executive Power Under the Antiquities Act: Can Designated National Monuments Be Altered or Rescinded?

Environmental Law & Property Rights Practice Group Teleforum Tuesday, September 26, 01:00 PMFederalist Society Teleforum Conference Call

The Antiquities Act of 1906 provides, in part, that “The President may, in the President's discretion, declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated on land owned or controlled by the Federal Government to be national monuments.”  54 U.S.C. §320301(a).  Declaring a national monument brings with it substantial new layers of protected status to the areas or thing so designated. 

In recent months, questions have arisen whether a President may adjust or rescind a national monument designated in a prior Administration.  The Trump Administration has repeatedly hinted at plans to do so, especially regarding some of the designations made in the final days of the Obama Administration, such as the Bears Ears National Monument in Utah. 

In late August, Secretary of Interior Ryan Zinke issued a memorandum of proposals for changing the status or boundaries of certain national monuments, including reducing the size of Bears Ears.  These and other actions promise to generate lawsuits in the coming months litigating the President’s authority to alter monument status.  Some argue that the power to designate under the Antiquities Act implies the power to alter or rescind.  Others argue that Congress granted only limited authority under the Antiquities Act and intended it to be a one-way ratchet, allowing designation but requiring thereafter that any changes be done only by Congress.  Our experts will debate these issues, focusing on matters of statutory interpretation, constitutional limits, and public lands policy, among others. 

Featuring:

  • Todd F. Gaziano, Senior Fellow in Constitutional Law and Executive Director of Pacific Legal Foundation’s DC Center
  • Prof. Mark Squillance, Professor of Law and Director of the Natural Resources Law Center, University of Colorado Law School

Can Laws be Simple?

Short video featuring Richard Epstein
Richard A. Epstein August 08, 2017

Can the Common Law be reduced to a series of simple rules?  Professor Richard Epstein of NYU School of Law argues “yes," even in spite of the complexity of modern society.

Professor Epstein provides an alternative to the conventional view that property rights are arbitrarily created by the state, and therefore can be changed at will by the state; a few simple rules, he argues, are universal principles of social organization, consistent across time and culture, which form the basis of social gains.

Professor Epstein is the inaugural Laurence A. Tisch Professor of Law at NYU School of Law, a Senior Fellow at the Hoover Institution, and Professor of Law Emeritus and a senior lecturer at the University of Chicago.

Studying the Common Law

Short video featuring Richard Epstein
Richard A. Epstein August 08, 2017

In law school, the four major branches of the Common Law, property, contract, tort, and restitution are treated as distinct subjects with arbitrary rules. Professor Richard Epstein of NYU School of Law argues that this approach misses the mark, that there is a deep intellectual unity among these subjects.

Professor Epstein provides an alternative to the conventional view that property rights are arbitrarily created by the state, and therefore can be changed at will by the state; a few simple rules, he argues, are universal principles of social organization, consistent across time and culture, which form the basis of social gains.

Professor Epstein is the inaugural Laurence A. Tisch Professor of Law at NYU School of Law, a Senior Fellow at the Hoover Institution, and Professor of Law Emeritus and a senior lecturer at the University of Chicago.