SelectedWorks - Christopher Serkin

Selected Works of Christopher Serkin

Associate Dean for Academic Affairs, Elisabeth H. and Granville S. Ridley Jr. Chair in Law Professor of Management, Owen Graduate School of Management

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About Christopher Serkin

Present	Professor, Vanderbilt University Law School
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Law, Land Use Law, and Property Law and Real Estate

Property, Land Use, the Takings Clause, Local Government Law

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What Property Does

Vanderbilt Law Review (2022)

Christopher Serkin

For centuries, scholars have wrestled with seemingly intractable problems about the nature of property. This Article offers a different approach. ...

Regulation and the Geography of Inequality

Duke Law Journal (2021)

Ganesh Sitaraman, Christopher Serkin and Morgan Ricks

We live in an era of widening geographic inequality. Around the country, the spread between economically and culturally thriving places ...

Environmental Affirmative Rights in the 21st Century

Floersheimer Center Recordings (2020)

Floersheimer Center for Constitutional Democracy

While the Framers wrote the Constitution to avoid government overreach, it is fairly certain they did not anticipate climate change ...

A Case for Zoning

Notre Dame Law Review (2020)

Christopher Serkin

Due to a remarkable convergence of criticisms from both the right and the left, zoning is under more sustained attack ...

The Wicked Problem of Zoning

Vanderbilt Law Review (2020)

Christopher Serkin

Zoning is the quintessential wicked problem. Professors Rittel and Webber, writing in the 1970s, identified as “wicked” those problems that ...

Energy Exactions

Cornell Law Review (2019)

Jim Rossi and Christopher Serkin

Exactions are demands levied on residential or commercial developers to force them, rather than a municipality, to bear the costs ...

Divergence in Land Use Regulations and Property Rights

Southern California Law Review (2019)

Christopher Serkin

For the past century, property rights-and in particular development rights-have been circumscribed and largely defined by comprehensive local land use ...

Prospective Grandfathering

Minnesota Law Review (2018)

Christopher Serkin and Michael P. Vandenbergh

Legal change has the potential to disrupt settled expectations and property rights. The Takings Clause provides protection from the most ...

Cornell Law Review (2017)

Richard Primus, Kevin M. Stack, Christopher Serkin and Nelson Tebbe

The Fiscal Illusion Zombie

American University Law Review (2017)

Christopher Serkin

This is a Response to Bethany R. Berger's recent Article, The Illusion of Fiscal Illusion in Regulatory Takings. In that ...

The New Politics of New Property and the Takings Clause

Vermont Law Review (2017)

Christopher Serkin

This Essay offers a broad gloss on the traditional politics of property protection and then catalogues a number of ways ...

Strategic Land Use Litigation: Pleading Around Municipal Insurance

Boston College Environmental Affairs Law Review (2016)

Christopher Serkin

Municipal insurance policies inevitably contain a curious exclusion of coverage for regulatory takings claims. Many courts have interpreted this exclusion ...

Insuring Takings Claims

Northwestern University Law Review (2016)

Christopher Serkin

Local governments typically insure themselves against all kinds of losses, from property damage to legal liability. For small- and medium-sized ...

Is the Constitution Special?

Cornell Law Review (2016)

Christopher Serkin and Nelson Tebbe

"[W]e must never forget, that it is a constitution we are expounding.” If there was such a danger when Chief ...

Is the Constitution Special?

Cornell Law Review (2016)

Nelson Tebbe and Christopher Serkin

From Social Recognition of Property to Political Recognition by the ...

Texas A&M Journal of Property Law (2015)

Christopher Serkin

This short response argues that positive property rights—especially in a modern regulatory state—are inherently redistributive. When the State has a ...

Passive Takings: The State's Affirmative Duty to Protect Property

Michigan Law Review (2014)

Christopher Serkin

The purpose of the Fifth Amendment’s Takings Clause is to protect property owners from the most significant costs of legal ...

Introduction to the Symposium

Brooklyn Law Review (2013)

Christopher Serkin and Gregg Macey

Putting Exclusionary Zoning in Its Place: Affordable Housing and Geographical ...

Fordham Urban Law Journal (2013)

Christopher Serkin and Leslie Wellington

The term “exclusionary zoning” typically describes a particular phenomenon: suburban large-lot zoning that reduces the supply of developable land and ...

University of Chicago Law Review (2012)

Frederic Bloom and Christopher Serkin

This Article argues for a new and unexpected mechanism of judicial accountability: suing courts. Current models of court accountability focus ...

Public Entrenchment through Private Law: Binding Local Governments

University of Chicago Law Review (2011)

Christopher Serkin

Anti-entrenchment rules prevent governments from passing unrepeatable legislation and ensure that subsequent governments are free to revisit the policy choices ...

Condemning the Decisions of the Past

Fordham Urban Law Journal (2011)

Christopher Serkin

This brief Essay, part of a Fordham Urban Law Journal Symposium on eminent domain in New York, argues that there ...

Entrenching Environmentalism: Private Conservation Easements over Public Land

University of Chicago Law Review (2010)

Christopher Serkin

This Article examines how local governments can use private law mechanisms to entrench policy in ways that circumvent typical legal ...

Condemning Religion: RLUIPA and the Politics of Eminent Domain

Notre Dame Law Review (2009)

Christopher Serkin and Nelson Tebbe

Should religious landowners enjoy special protection from eminent domain? A recent federal statute, the Religious Land Use and Institutionalized Persons ...

Unpublished Paper

De-Fanging RLUIPA: Religion and the Politics of Eminent Domain

ExpressO (2009)

Christopher Serkin and Nelson Tebbe

Should religious landowners enjoy special protection from eminent domain? A recent federal statute, the Religious Land Use and Institutionalized Persons ...