Frank I. Michelman | |
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| Born | May 26, 1936 |
| Education | Yale University (BA) Harvard University (LLB) |
| Occupation | Robert Walmsley University Professor Emeritus |
| Employer | Harvard Law School |
| Awards | American Philosophical Society's Henry M. Phillips Prize in Jurisprudence (2005) [1] |
Frank Isaac Michelman (born May 26, 1936) [2] is an American legal scholar and the Robert Walmsley University Professor Emeritus at Harvard Law School.
In 1960, Michelman graduated from Harvard Law School. He clerked for Justice William Brennan of the U.S. Supreme Court during the 1961 Term. [3] In 1962, he joined the Harvard Law School faculty.
Michelman wrote the influential law review article, "Property, Utility and Fairness", (80 Harv. L. Rev. 1165 (1967)) on the economic reasons for just compensation in the 5th Amendment Takings Clause in the United States Constitution. This article was cited by the majority in its opinion in Penn Central v. New York City , the Supreme Court case that dealt with the authority of a local New York City landmark law that forbade the railroad company from putting up a skyscraper above the historic Grand Central Terminal structure. Michelman's analysis relied on evaluating whether the nuisance costs and value to society were worth it. He observed that while the courts did not always provide rulings which were fair or provided utility, they provided as perfect a result that can be obtained by the courts. He observed that administrative agencies and legislatures were shirking their roles in the compensation process.
He retired from the university professorship in 2012, and in February 2013 Cass Sunstein was appointed by Harvard University's president, Drew Gilpin Faust, to succeed him. [4]
Michelman served as vice-president of the American Society for Political and Legal Philosophy 1994–1996 and as its president, 1998–2001.
Michelman was the first recipient of the College of William and Mary's Brigham–Kanner Property Rights Prize in 2004. [5] The Prize is awarded annually to an individual whose work contributes to furthering the cause of private property rights. He was selected for the award largely due to his article, "Property, Utility, and Fairness: Comments on the Ethical Foundations of 'Just Compensation' Law", 80 Har.L. Rev. 1165 (1967).
In 2005 he won the American Philosophical Society's Henry M. Phillips Prize, which he was awarded at a November ceremony in Philadelphia. As of 2022, the prize has been given only twenty-six times since it was established in 1888, and honored Michelman's significant contributions to the field of jurisprudence. [1] [6]
In October 2007, Frank Michelman was a Distinguished Visitor at the American Academy in Berlin, Germany. [7]
In United States constitutional law, a regulatory taking occurs when governmental regulations limit the use of private property to such a degree that the landowner is effectively deprived of all economically reasonable use or value of their property. Under the Fifth Amendment to the United States Constitution governments are required to pay just compensation for such takings. The amendment is incorporated to the states via the Due Process Clause of the Fourteenth Amendment.
Eminent domain, also known as land acquisition, compulsory purchase, resumption, resumption/compulsory acquisition, or expropriation, is the compulsory acquisition of private property for public use. It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized to exercise the functions of public character.
Richard Allen Epstein is an American legal scholar known for his writings on torts, contracts, property rights, law and economics, classical liberalism, and libertarianism. He is the Laurence A. Tisch Professor of Law at New York University and the director of the Classical Liberal Institute. He also serves as the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution and as a senior lecturer and the James Parker Hall Distinguished Service Professor of Law Emeritus at the University of Chicago.
Cass Robert Sunstein is an American legal scholar known for his work in constitutional law, administrative law, environmental law, and behavioral economics. He is also The New York Times best-selling author of The World According to Star Wars (2016) and Nudge (2008). He was the administrator of the White House Office of Information and Regulatory Affairs in the Obama administration from 2009 to 2012.
The Lochner era was a period in American legal history from 1897 to 1937 in which the Supreme Court of the United States is said to have made it a common practice "to strike down economic regulations adopted by a State based on the Court's own notions of the most appropriate means for the State to implement its considered policies". The court did this by using its interpretation of substantive due process to strike down laws held to be infringing on economic liberty or private contract rights. The era takes its name from a 1905 case, Lochner v. New York. The beginning of the era is usually marked earlier, with the Court's decision in Allgeyer v. Louisiana (1897), and its end marked forty years later in the case of West Coast Hotel Co. v. Parrish (1937), which overturned an earlier Lochner-era decision.
Kelo v. City of New London, 545 U.S. 469 (2005), was a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that the use of eminent domain to transfer land from one private owner to another private owner to further economic development does not violate the Takings Clause of the Fifth Amendment. In the case, plaintiff Susette Kelo sued the city of New London, Connecticut, for violating her civil rights after the city tried to acquire her house's property through eminent domain so that the land could be used as part of a "comprehensive redevelopment plan". Justice John Paul Stevens wrote for the five-justice majority that the city's use of eminent domain was permissible under the Takings Clause, because the general benefits the community would enjoy from economic growth qualified as "public use".
Inverse condemnation is a legal concept and cause of action used by property owners when a governmental entity takes an action which damages or decreases the value of private property without obtaining ownership of the property through the use of eminent domain. Thus, unlike the typical eminent domain case, the property owner is the plaintiff and not the defendant.
Thomas W. Merrill is an American legal scholar who is the Charles Evans Hughes professor at Columbia Law School. He has also taught at Yale Law School and Northwestern University School of Law.
Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922), was a case in which the Supreme Court of the United States held that whether a regulatory act constitutes a taking requiring compensation depends on the extent of diminution in the value of the property.
Keystone Bituminous Coal Ass'n v. DeBenedictis, 480 U.S. 470 (1987), is a United States Supreme Court case interpreting the Fifth Amendment's Takings Clause. In this case, the court upheld a Pennsylvania statute which limited coal mining causing damage to buildings, dwellings, and cemeteries through subsidence.
Margaret Jane Radin is the Henry King Ransom Professor of Law, emerita, at the University of Michigan Law School by vocation, and a flutist by avocation. Radin has held law faculty positions at University of Toronto, University of Michigan, Stanford University, University of Southern California, and University of Oregon, and has been a faculty visitor at Harvard University, Princeton University, University of California at Berkeley, and New York University. Radin's best known scholarly work explores the basis and limits of property rights and contractual obligation. She has also contributed significantly to feminist legal theory, legal and political philosophy, and the evolution of law in the digital world. At the same time, she has continued to perform and study music.
William & Mary Law School, formally the Marshall-Wythe School of Law, is the law school of the College of William & Mary, a public research university in Williamsburg, Virginia. It is the oldest extant law school in the United States, having been founded in 1779 at the urging of alumnus Thomas Jefferson. As of 2023, it has an enrollment of 606 full-time students seeking a Juris Doctor (J.D.) or a Master of Laws (LL.M.) in the American legal system, a two or three semester program for lawyers trained outside the United States.
The Brigham–Kanner Property Rights Conference was organized in 2003 at the Marshall-Wythe School of Law at the College of William & Mary, with the first conference held in October 2004. The Conference and Prize were proposed in 2003 by Joseph T. Waldo, a graduate of the Marshall–Wythe School of Law with the support of the then dean of the law school, W. Taylor Reveley III who would later become president of the college.
The Brigham–Kanner Property Rights Prize is awarded each Fall by the William & Mary Law School, at the Brigham–Kanner Property Rights Conference. The Conference and Prize were proposed in 2003 by Joseph T. Waldo, a graduate of the Marshall–Wythe School of Law with the support of the then Dean of the Law School, W. Taylor Reveley III, who would later become president of the college. The Conference and Prize were inaugurated in 2004. The Conference and Prize are named after Toby Prince Brigham and Gideon Kanner for "their contributions to private property rights, their efforts to advance the constitutional protection of property, and their accomplishments in preserving the important role that private property plays in protecting individual and civil rights." Toby Prince Brigham is a founding partner of Brigham Moore in Florida. Gideon Kanner is professor of law emeritus at the Loyola Law School in Los Angeles. The Brigham–Kanner Prize is awarded annually during the Brigham–Kanner Property Rights Conference.
James W. Ely Jr. is an American historian and legal scholar who serves as the Milton R. Underwood Professor of Law Emeritus and Professor of History Emeritus at Vanderbilt University. He received his Ph.D. in history from the University of Virginia and his L.L.B. from Harvard University. Ely is a property rights expert, a legal historian, and an author and editor of several books that have received critical acclaim from legal scholars and historians.
In the United States, eminent domain is the power of a state or the federal government to take private property for public use while requiring just compensation to be given to the original owner. It can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized to exercise the functions of public character.
Michael M. Berger is an eminent domain and land use lawyer at the firm of Manatt, Phelps & Phillips. His practice focuses on eminent domain, inverse condemnation, due process, and equal protection. Berger received his undergraduate degree at Brandeis University. He received his J.D. from Washington University School of Law and his LL.M. in real property from the University of Southern California. He has argued before the Supreme Court as well as state Supreme Courts and Federal Appellate Courts. Notable cases he has argued before the US Supreme Court include Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, City of Monterey v. Del Monte Dunes at Monterey, Ltd., Preseault v. United States, and First English Evangelical Lutheran Church v. Los Angeles County.
Joseph William Singer is an American legal scholar specializing in property law. He is the Bussey Professor of Law at Harvard University, where he has been teaching since 1992. Previously, he taught at Boston University School of Law and practiced law in Boston. He also served as a law clerk in the Supreme Court of New Jersey.
Steven J. Eagle is Professor of Law Emeritus at George Mason University's Antonin Scalia Law School, where he teaches Constitutional Law, Land Use Planning, and Property amongst other subjects, and was formerly a professor of law at George Washington University Law School, Vanderbilt University, the University of Toledo College of Law, and Pace University Law School. Eagle graduated from the City College of New York with a B.A. (1965) and received a J.D. from the Yale Law School (1970).
Toby Prince Brigham was an American lawyer and scholar in the fields of property rights and eminent domain. In addition to his law practice, Brigham involved himself with organizations and events aimed at educating and informing attorneys and legal scholars about property rights law, and the constitutional rights associated with property ownership.
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