|Present||Associate Professor of Law, Washington and Lee University School of Law|
- Property Law
- Environmental Law
- Law and Geography
- Legal History
Office: 466 Sydney Lewis Hall
Popular Press (1)
Liability for Unintentional Nuisances: How the Restatement of Torts Almost Negligently Killed the Right to Exclude in Property Law West Virginia Law Review (2018)
This article argues that nuisance was historically unique in tort law because of its special role in protecting property rights.' In other words, nuisance historically had distinct features addressed to the special situation of land. ...
A New History of Waste Law: How a Misunderstood Doctrine Shaped Ideas About the Transformation of Law Marquette Law Review (2017)
In the traditional account, American courts transformed the law of waste, radically diverging from the British courts around the time of the American Revolution. Some of the most influential theorists of American legal history have ...
Water, Water, Everywhere: Surface Water Liability Michigan Journal of Environmental & Administrative Law (2015)
By 2030 the U.S. will lose around $520 billion annually from its gross domestic product due to flooding. New risks resulting from climate change arise not only from swelling rivers and lakes, but also from ...
The Jurisprudence of Nature: The Importance of Defining What is "Natural" Catholic University Law Review (2014)
Informal regulations defining nature, natural, and organic have proliferated across diverse fields of law from patents to agriculture, from taxation to gemstones. The unwritten jurisprudence of defining nature is primarily a story of the struggle ...
Colonial Property, Private Dams, and Climate Change in Virginia Sea Grant Law and Policy Journal (2013)
Dams have been a significant part of flood prevention and management systems in the United States, dating back to the systematic efforts of the Tennessee Valley Authority and, less systemically, long before that. Dealing with ...
Stealth Constitutional Change and the Geography of Law Drexel Law Review (2012)
Bruce Ackerman's recent book, The Decline and Fall of the American Republic, is a sudden shift from his previous scholarship on constitutional moments and the ability of social movements to generate minor revolutions. By acknowledging ...
Missionaries to the Wilderness: A History of Land, Identity, and Moral Geography in Appalachia Journal of Appalachian Studies (2011)
This article revisits the relationship between missionaries and Appalachian stereotypes, bringing to the discussion new developments in geographical theory and the intellectual history of ideas of wilderness. The article argues that missionary activities during the ...
Finding Possession: Labor, Waste and the Evolution of Property Capital University Law Review (2011)
Although possession has long been intimately linked to labor, recent historical work on land claims during the sixteenth and seventeenth centuries suggests that the clash of divergent legal cultures of possession drove the two apart. ...
The Government Contractor Defense and Superior Orders in International Human Rights Law Florida A & M University Law Review (2009)
As military functions are increasingly outsourced to corporate contractors, civil courts face adjudicating issues of tort liability arising from actions occurring in war zones. Currently, victims of torture and other invasive military techniques used at ...
Contributions to Books (3)
Early Roadway Construction and Establishing the Norm of Just Compensation for Takings, in Property Rights in Contemporary Governance (Staci M. Zavattaro et al. eds., 2019) Books and Chapters (2019)
Property is a concept that is seemingly simple to understand yet continually evolving in the face of cultural change and technological advance. Property Rights in Contemporary Governance examines the many meanings of property, how they ...
The Anti-Wilderness Bias in the Common Law and Modern American Property Law, in Modern Studies in Property Law (Heather Conway & Robin Hickey eds., 2017) Books and Chapters (2017)
This book contains a collection of peer-reviewed papers presented at the Eleventh Biennial Modern Studies in Property Law Conference held at Queen's University Belfast in April 2016. It is the ninth volume to be published ...