Vermont Press Releases

Vermont Law Review examines Scalia’s takings legacy

News Release — Vermont Law School
July 26, 2017

Maryellen Apelquist
office: 802-831-1228
cell: 802-299-5593
[email protected]

Vermont Law Review Examines Litigating Takings, Scalia’s Legacy

SOUTH ROYALTON, Vt., July 26, 2017––Vermont Law Review at Vermont Law School presents articles by leading environmental and land use experts on litigating takings—when the government seizes and regulates private property—and Supreme Court Justice Antonin Scalia’s takings legacy in its latest publication, Vol. 41 Book 4, released this summer.

The book is the first in Vermont Law Review’s two-part series on the 2016 Conference on Litigating Takings to Land Use and Environmental Regulations. The 2017 conference, co-sponsored by the Environmental Law Center at VLS, will be held Oct. 6 at University of Minnesota Law School.

“The articles published in our most recent issue focus on the late Justice Scalia’s contributions to contemporary takings jurisprudence,” said Jessica Bullock JD’17, editor-in-chief of Vermont Law Review Vol. 41. “We are very fortunate to have had the opportunity to publish an article from our very own Professor John Echeverria and several other prominent takings scholars. Vermont Law Review’s readership can anticipate a second set of takings articles this fall.”

In the introduction to his article, “Antonin Scalia’s Flawed Takings Legacy,” Echeverria wrote, “My basic conclusions are: (1) Justice Scalia’s contributions to takings law, though hardly insubstantial, turned out to be relatively modest; and (2) his takings work was deeply flawed, both as a matter of legal doctrine and because of its negative effects on society.”

Additional articles on Scalia’s takings legacy include “Justice Scalia’s Rule of Law and Law of Takings” by Nicole Stelle Garnett and “A Hobbesian Bundle of Lockean Sticks: The Property Rights Legacy of Justice Scalia” by J. Peter Byrne.

Book 4 also features “Justice in Taxation” by Tyler A. LeFevre; “Trust or Bust: Complications with Tribal Trust Obligations and Environmental Sovereignty” by Nadia B. Ahmad; “Balancing the Fishes’ Scales: Tribal, State, and Federal Interests in Fishing Rights and Water Quality in Maine” by Patrick Marass JD’17; and “Giza to the Galápagos: A Critique of the Current UNESCO World Heritage System and How to Fix It” by Tim Cunningham JD’17.

Vol. 41 Book 4 articles, as well as a full Vermont Law Review archives, are available for download at

Vermont Law Review is a journal of legal scholarship published by Vermont Law School students in consultation with VLS faculty and administration. Vermont Law Review’s main objectives are to present readers with timely, topical information concerning the legal profession and legal scholarship, and to afford Vermont Law Review members an educational experience that will hone their skills in research, writing, legal analysis, and leadership. For more information about Vermont Law Review, including archived editions, visit

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