Books

GOOD NEWS ABOUT TAKINGS (APA 2006) (with Timothy Dowling and Jennifer Bradley).

REDEFINING FEDERALISM: LISTENING TO THE STATES IN SHAPING “OUR FEDERALISM” (ELI 2004) (Editor and co-author with Jay Austin, Jennifer Bradley, Timothy Dowling, James Ryan, and Jason Rylander).

TAKINGS LITIGATION HANDBOOK: DEFENDING TAKINGS CHALLENGES TO LAND USE REGULATIONS (American Legal Publishing 2000) (with Timothy Dowling & Andrew Schwartz).

Book Chapters

Rethinking the Federal Government’s Role in Important Environmental Problems, in Losing Ground ( ELI, forthcoming 2007).

U.S. Supreme Court Says All Executive Power Is Not Vested in the President, in What Limits Should Be Placed on Presidential Powers (Thomson Gale 2007) (Article paired with Federalist Society speech by Justice Alito).

Redefining Federalism, in Strategies for Environmental Success in an Uncertain Judicial Environment ( ELI 2006).

The Use/Value Debate and Tahoe, in Taking Sides on Takings Issues, The Impact of Tahoe Sierra (ABA 2003).

Defining the Lucas Box: Palazzolo, Tahoe and the Use/Value Debate, in Taking Sides on Takings Issues: The Public and Private Perspectives, (ABA 2001).

Law Journal Articles

Redefining Federalism, 35 Envtl. L. Rep. 10445, 10459 (2005). 

Tainted Justice: How Private Judicial Trips Undermine Public Confidence in the Judiciary,18 Geo. J. Legal Ethics 65 (2004) (with Jason Rylander).

Conservative Judicial Activism and the Environment: An Assessment of the Threat, 32 Envtl. L. Rep. 10,835, 10,842 (2002).

 Nothing For Free: How Private Judicial Seminars are Undermining Environmental Protections and Breaking the Public's Trust, 25 Harv. Envtl. L.J. 405 (2001) (with Eric Sorkin).

Choice of Forum and Finality Ripeness: The Unappreciated Hot Topics in Regulatory Takings Cases, 33 Urb. Law. 405 (2001) (with Timothy Dowling and Andrew Schwartz).

Preserving South Carolina's Beaches: The Role of Local Planning in Managing Growth in Coastal South Carolina, 9 S.C. Envtl. L.J. 61 (2000).

The Takings Project: A Critical Analysis and Assessment of the Progress So Far, 25 B.C. Envtl. Aff. L.J. 509 (1998) (with Charles P. Lord).

"Paying" for the Change: Using Eminent Domain to Secure Exactions and Sidestep Nollan and Dolan, 81 Va. L. Rev. 1801 (1995) (with James E. Ryan).

The Limits to Growth and the Limits to the Takings Clause , 11 Va. Envtl. L.J. 547 (1992).

Supreme Court Briefs

Commonwealth of Massachusetts v. United States Environmental Protection Agency, No. 05-1120, Brief Amicus Curiae of The U.S. Conference of Mayors, et. al., in Support of Petitioners (co-authored) (federal global warming regulation).

Rapanos v. United States, No. 04-1034, Brief Amicus Curiae of the Association of State and Interstate Water Pollution Control Administrators in Support of Respondents (co-authored) (coverage of Clean Water Act).

San Remo Hotel, L.P. v. City and County of San Francisco , California No. 04-340, Brief Amicus Curiae of American Planning Association, et. al., in Support of Respondents (co-authored) (regulatory takings).

City of Lodi, California, v. Fireman's Fund Insurance, Co., No. 02-1169, Brief Amicus Curiae of the National League of Cities, et. al., in Support of Petition for Writ of Certiorari (co-authored) (cert. denied.) (federal preemption of local hazardous waste programs).

AETNA Health Inc. v. Juan Davila, No. 02-1845, Brief Amicus Curiae of The Brennan Center for Justice, et. al., In Support of Respondents (co-authored) (federal preemption of state malpractice claims).

Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, No 00-1167 Brief Amicus Curiae of the Council of State Governments, et. al., In Support of Respondents (co-authored) (regulatory takings).

Selected Op-eds

• Debate Framers, The New Republic Online, Dec. 1, 2006 (with Jennifer Bradley).
• Show Me State, The New Republic Online, June 21, 2006 (with Jennifer Bradley).
• What Makes Roberts Different , Washington Post, July 24, 2005.
• In the Balance, The New Republic Online, July 5, 2005 (with Jennifer Bradley).
• If Republicans look at Brown’s Record, They Will Vote Brown Down, Roll Call, June 7, 2005 (with Jennifer Bradley).
• Learning to Love the Bomb, Roll Call, April 5, 2005 (with Jennifer Bradley).
• Ouch! You're Hurting Us: How the Court is Stifling Innovation at the State Level , Washington Post, Nov. 14, 2004.
• A Big Question about Clarence Thomas , Washington Post, Oct. 14, 2004.
• When Judges Behave Badly, Legal Times, August 9, 2004.
• Judicial Throwback, Washington Post, Sept. 19, 2003 (with Timothy Dowling).
• No Loss, No Foul, Legal Times, Jan. 20, 2003 (with Timothy Dowling).
• Conservative Bench Press , Louisville Courier-Journal, July 26, 2001.
• Seizures Aid City Growth, USA Today, Mar. 21, 2001 (with Timothy Dowling).
• Gale Norton is No James Watt, She’s Even Worse, L.A. Times, Jan. 9, 2001.
• Election 2000 and the Federal Judiciary, San Diego Union Tribune, July 22, 1999.
• The Right Can't Have It Both Ways, L.A. Times, Feb. 8, 1998 (with James. E. Ryan).

Selected Speeches, Television Appearances and Congressional Testimony

Global Warming, Local Governments, and the Courts, speech at International Municipal Lawyers Association Annual Meeting, September 2006.

The Environmental Community and the Roberts’ Nomination, Kennedy School Panel on the Supreme Court Nomination and Confirmation Process, March 24, 2006 (broadcast on C-Span).

Good News About Takings, speech at American Planning Association National Conference, April 2006.

High Court, High Living, Power Trip, ABC News Nightline, January 27, 2006 (on-air commentator on issues of judicial ethics).

What Do Environmentalists Want from the Supreme Court, Environmental Law Institute Panel Discussion, July 2005 (broadcast on C-Span).

Can Federalism Be Progressive, Panel at American Constitution Society Annual Convention, July 2005.

How to Protect Environmental Protections, Center for American Progress/American Constitution Society Panel, March 2005.

Redefining Federalism, speech at National Conference of State Legislators Annual Conference, December 2004.

Redefining Federalism, speech at International Municipal Lawyers Association’s Annual Meeting, October 2003.

Wetlands Takings 2002, A Good Year in Review, speech at Association of State Wetlands Managers Annual Meeting, January 2003.

Congressional Testimony, Review of Judicial Misconduct Statutes: Oversight Hearing Before the House Judiciary Subcomm. on Courts, the Internet, and Intellectual Property, 107th Cong., November 2001.

"Property Rights Protection: Judicial Activism or a Return to First Principles?" Panel Discussion at Federalist Society Annual Convention, November 2001.

Judges are Wined and Dined at Seminars Paid for by Big Corporations, ABC News 20/20, April 6, 2001 (on-air commentator on issues of judicial ethics).

If you have questions or comments about this website or
Community Rights Counsel email us!

© 2005 Community Rights Counsel. All rights reserved.