Professor Serkin joined the faculty in 2005 after spending two years at the New York University School of Law as Acting Assistant Professor in its Lawyering Program. His scholarship focuses on property, land use and local government. His most recent publications are “Big Differences for Small Governments,” which appeared in the New York University Law Review, and "Local Property Law," which was published in the Columbia Law Review. Other articles by Professor Serkin have appeared in the Northwestern, Indiana, Michigan and Michigan State Law Reviews. Prior to teaching, he clerked for Chief Judge John M. Walker, Jr., of the U.S. Court of Appeals for the Second Circuit and for Judge J. Garvan Murtha of the U.S. District Court for the District of Vermont. He was also a litigation associate with the New York office of Davis Polk & Wardwell from 2000-2002. He was an articles editor of the Michigan Law Review.
Articles
Condemning Religion: The Political Economy of RLUIPA (forthcoming) (with Nelson Tebbe), Brooklyn Law School, Legal Studies Paper No. 127 (2009)
Local Property Law: Adjusting the Scale of Property Protection, 107 Colum. L. Rev. 883 (2007)
This Article proposes that local governments should be able to decide for themselves how to...
Big Differences for Small Governments: Local Governments and the Takings Clause, 81 N.Y.U. L. Rev. 1624 (2006)
This Article argues that the Fifth Amendment's Takings Clause should apply differently to local governments...
The Meaning of Value: Assessing Just Compensation for Regulatory Takings, 99 Nw. U. L. Rev. 677 (2005)
Despite all the attention focused on the Takings Clause in recent years, the remedy for...
Public Ruses [Symposium: The Death of Poletown: The Future of Eminent Domain and Urban Development After County of Wayne v. Hathcock] (reprinted in 37 Land Use & Env’t L. Rev. 49 (2006)) (with James E. Krier), 2004 Mich. St. L. Rev. 859 (2004)
The Fifth Amendment's public use requirement - a dead letter for decades - has recently...
Unpublished Papers
De-Fanging RLUIPA: Religion and the Politics of Eminent Domain (with Nelson Tebbe), ExpressO (2009)
Should religious landowners enjoy special protection from eminent domain? A recent federal statute, the Religious...
Existing Uses and the Limits of Land Use Regulation, ExpressO (2009)
This Article identifies the various ways in which property law provides special protection for existing...