Jennifer Swiderski, Equity Councilor and Chair Of

Total Page:16

File Type:pdf, Size:1020Kb

Jennifer Swiderski, Equity Councilor and Chair Of JENNIFER SWIDERSKI, EQUITY COUNCILOR AND CHAIR OF EQUITY’S MEMBER EDUCATION COMMITTEE: We have a record number of participants today with nearly 2,000 Equity members registered to attend. And many of you have shared questions when you registered, and those questions have shaped our agenda today. We have a very full agenda, so I want to share it with you as we get started. We are going to begin with a discussion with Equity's audition manager, Marisa Valero, about how Equity's guidelines on auditions, including our guidelines about required calls, have adjusted to our current reality. After that we're going to welcome a panel of casting directors from the Casting Society of America for a two-part discussion: first with more process- oriented questions about how self-taped auditions work, and then with a more philosophical discussion on the topic. All of the questions we're asking our panel today come from those you submitted over the past two weeks. We will not be taking live questions during this seminar, but there were a number of questions that came in in a more technical nature about how to create a self tape – what equipment to use, how to reduce files, how to get the video from your phone or your computer to the casting directors – and these questions came in at all levels from very beginner (like me) community to the more advanced. Because we wouldn't be able to cover these sufficiently and have time for the rest of the program we are going to offer a separate webinar just on how to create a self tape, with a more brass-tacks approach, and we'll send the registration link to you tomorrow. So now I'm going to turn the floor back over to David and Marisa to move on with our discussion. DAVID LEVY (EQUITY’S MEMBER EDUCATION MANAGER): Thank you so much, Jen! And just because I didn't get to introduce you properly: Jennifer is the chair of the Member Education Committee for Actors' Equity. She is an Eastern Chorus Councilor, which means that she is a volunteer. She is a working actor just like all of you, and she gives her time to make sure that Equity can work for our members. And so we're very appreciative of the work that Jen and all of our volunteers do to make this union run. All right, thanks, Jen! So first let me just clarify what we're talking about here: self-tape auditions have been around for a while, but until recently they've been supplemental to our required calls. So, Marisa, to start us off, before this pandemic started were there Equity rules about self-taping? MARISA VALERO (EQUITY AUDITIONS MANAGER): Yes there were actually. Previously, during that time, self tapes could only be requested by an employer once they had actually fulfilled their contractual, in-person requirements for auditions. DAVID: So now that they're a necessity, I know that our committees and our Council have been hard work at creating new guidelines about how we can use self tapes to fulfill contractually required calls. So can you tell us a little bit about the new guidelines that we do have? MARISA: For Equity Principal Auditions, employers may solicit video submissions in lieu of holding their required EPAs. There are some provisions so the video submission request will meet their contractual requirements, since we can't do live auditions right now. The requirements would be: a notice requesting those video submissions must be posted to Equity for posting on the member portal. So we should receive a notice to let you know that the theater is requesting submissions. DAVID: And will that show up in the same place that regular EPA notices would appear? MARISA: It's a little bit different. They will not show up under auditions. It'll show up under submissions. So when you go to the member portal, instead of pushing, you know, when you go to look at Casting Call, you're going to look under Submissions instead of Auditions. So these video submissions will only be seen by those with casting authority for that employer. Once those submissions have been viewed and they've started to call back who they want to see those tape submissions will be destroyed. That is the understanding that we have with employers for this. And these video submissions are only to be used for casting purposes and will not be utilized or distributed for any purpose. So they can't – no publicity, no marketing, anything like that. They are only to be used for the purposes of casting. And because of this – so the employers agree that they will call back at least five self- submitted members or one self-submitted member – this should say member, by the way, we wrote "actor" but it is actually – it is Equity members. Five self-submitted members or one self-submitted actor per available role so if you're in a show and it's a two-hander, they're calling back five people, five members. If it's a season and there's 35 rolls available in that season then they need to call back at least 35 members so whichever is greater and these callbacks will be held in person when it is safe to do so. Now please note that these the allowance for video submissions in lieu of these in-person EPAs are being allowed strictly in response to the COVID-19 pandemic, and they are not precedent setting going forward. So this is only being allowed in this case. We will return to live auditions, in-person auditions, when it is safe to do so. As far as Equity Chorus Calls (ECCs), as everyone can imagine that's a little bit of a trickier subject when it comes to video submissions, so ACCA is currently in discussions about potential requirements for employers soliciting video submissions in lieu of in-person ECCS. I know that the folks on the ACCA are working very hard to come up with something that works and is fair for everyone, so that's just gonna take a little bit more time. DAVID: For anyone not familiar the ACCA is the Advisory Committee on Chorus Affairs, which is the Equity committee of, again, volunteer members – Councilors and members you know, rank-and-file members we call them, members who are not elected, who come together to debate and make decisions about these things. They vote on them, and that's how rules get made. Okay. So, thank you for that. So my next question I maybe just answered, but how do these new guidelines get made? How do they get decided? Who's involved? MARISA: Sure! So these guidelines were created by members of our Equity Principal Audition or EPA committee, again like David just said, it's made up of councilors and rank-and-file members that all meet to discuss any and all issues and policies regarding Equity principal auditions. DAVID: Okay, and we've said that they're temporary and that they're only for now, they're not going to be a new option to replace in-person auditions when in-person auditions are safe again. Are there limits on how much a member can be asked to put on tape? MARISA: They should be – the amount of the self tape should be for the amount of time specified in the notice. So, many of our agreements have time limits or time requirements on how long enough an audition should be. For example, the LORT agreement says up to three minutes so, if you know a LORT theater's requesting five minutes, you know in our notice – we as audition staff would automatically question that because the agreement says up to three. And so this is the same thing for video submissions that are replacing these EPAs. So again when we review these notices when we receive them, we're making sure that whatever you're being asked to prepare is appropriate. And if you're getting something that is – you feel is outside of that, please contact Equity if you're being asked for something other than that at your first audition. Now callbacks are a little different. Those aren't mandated in the contract. But if it's your first video submission then you're being asked something that's other than what's on the notice or outside of what's in the agreement, please contact Equity and let us know. DAVID: And on the flip side, if someone submits more than what's asked for, I assume that the employer is under no obligation to watch beyond the required minutes. Are there rules – so are there rules around callbacks, or are callbacks at this point strictly when we're allowed to do them in person? MARISA: Right. So yeah, so they are meant to be live, live callbacks when it's safe to do so. There are a few theatres that have requested to do callbacks via like a live video conference like Zoom, like we're doing right now and those are kind of being considered on a case-by-case basis. It's not something that's automatically okay. DAVID: Got it. And are there – is there like an equivalent to what the monitors do in in-person auditions for this kind of audition? MARISA: That's tricky – just ...not really? Our monitors are our paid Equity staff, so they are – you know, they will return when live auditions resume.
Recommended publications
  • Cash Transfers and Child Schooling
    WPS6340 Policy Research Working Paper 6340 Public Disclosure Authorized Impact Evaluation Series No. 82 Cash Transfers and Child Schooling Evidence from a Randomized Evaluation Public Disclosure Authorized of the Role of Conditionality Richard Akresh Damien de Walque Harounan Kazianga Public Disclosure Authorized The World Bank Public Disclosure Authorized Development Research Group Human Development and Public Services Team January 2013 Policy Research Working Paper 6340 Abstract The authors conduct a randomized experiment in rural children who are traditionally favored by parents for Burkina Faso to estimate the impact of alternative cash school participation, including boys, older children, and transfer delivery mechanisms on education. The two- higher ability children. However, the conditional transfers year pilot program randomly distributed cash transfers are significantly more effective than the unconditional that were either conditional or unconditional. Families transfers in improving the enrollment of “marginal under the conditional schemes were required to have children” who are initially less likely to go to school, such their children ages 7–15 enrolled in school and attending as girls, younger children, and lower ability children. classes regularly. There were no such requirements under Thus, conditionality plays a critical role in benefiting the unconditional programs. The results indicate that children who are less likely to receive investments from unconditional and conditional cash transfer programs their parents. have a similar impact increasing the enrollment of This paper is a product of the Human Development and Public Services Team, Development Research Group. It is part of a larger effort by the World Bank to provide open access to its research and make a contribution to development policy discussions around the world.
    [Show full text]
  • From English to Code-Switching: Transfer Learning with Strong Morphological Clues
    From English to Code-Switching: Transfer Learning with Strong Morphological Clues Gustavo Aguilar and Thamar Solorio Department of Computer Science University of Houston Houston, TX 77204-3010 fgaguilaralas, [email protected] Abstract Hindi-English Tweet Original: Keep calm and keep kaam se kaam !!!other #office Linguistic Code-switching (CS) is still an un- #tgif #nametag #buddhane #SouvenirFromManali #keepcalm derstudied phenomenon in natural language English: Keep calm and mind your own business !!! processing. The NLP community has mostly focused on monolingual and multi-lingual sce- Nepali-English Tweet narios, but little attention has been given to CS Original: Youtubene ma live re ,other chalcha ki vanni aash in particular. This is partly because of the lack garam !other Optimistic .other of resources and annotated data, despite its in- English: They said Youtube live, let’s hope it works! Optimistic. creasing occurrence in social media platforms. Spanish-English Tweet In this paper, we aim at adapting monolin- Original: @MROlvera06 @T11gRe go too gual models to code-switched text in various other other cavenders y tambien ve a @ElToroBoots tasks. Specifically, we transfer English knowl- ne ne other English: @MROlvera06 @T11gRe go to cavenders and edge from a pre-trained ELMo model to differ- also go to @ElToroBoots ent code-switched language pairs (i.e., Nepali- English, Spanish-English, and Hindi-English) Figure 1: Examples of code-switched tweets and using the task of language identification. Our their translations from the CS LID corpora for Hindi- method, CS-ELMo, is an extension of ELMo English, Nepali-English and Spanish-English. The LID with a simple yet effective position-aware at- labels ne and other in subscripts refer to named enti- tention mechanism inside its character convo- ties and punctuation, emojis or usernames, respectively lutions.
    [Show full text]
  • TRAINING the YOUNG ACTOR: a PHYSICAL APPROACH a Thesis
    TRAINING THE YOUNG ACTOR: A PHYSICAL APPROACH A Thesis Presented to The Graduate Faculty of The University of Akron In Partial Fulfillment of the Requirements for the Degree Master of Arts Anthony Lewis Johnson December, 2009 TRAINING THE YOUNG ACTOR: A PHYSICAL APPROACH Anthony Lewis Johnson Thesis Approved: Accepted: __________________________ __________________________ Advisor Dean of the College Mr. James Slowiak Dr. Dudley Turner __________________________ __________________________ Faculty Reader Dean of the Graduate School Mr. Durand Pope Dr. George R. Newkome __________________________ __________________________ School Director Date Mr. Neil Sapienza ii TABLE OF CONTENTS Page CHAPTER I. INTRODUCTION TO TRAINING THE YOUNG ACTOR: A PHYSICAL APPROACH...............................................................................1 II. AMERICAN INTERPRETATIONS OF STANISLAVSKI’S EARLY WORK .......5 Lee Strasberg .............................................................................................7 Stella Adler..................................................................................................8 Robert Lewis...............................................................................................9 Sanford Meisner .......................................................................................10 Uta Hagen.................................................................................................11 III. STANISLAVSKI’S LATER WORK .................................................................13 Tension
    [Show full text]
  • Desert Skies
    Desert Skies Tucson Amateur Astronomy Association Volume LII, Number 7 July, 2006 Dark globule in the emission nebula IC 1396 contains never-before-seen young stars ♦ Learn about the Spitzer Infrared ♦ Websites: Gimme Shelter Part 4 Telescope ♦ Object of the Month ♦ Star parties and Meetings ♦ Constellation of the month Desert Skies: July, 2006 2 Volume LII, Number 7 Cover Photo: The Spitzer image of this globule is in spectacular contrast to the view seen in visible light. Spitzer's infra- red detectors unveiled the brilliant hidden interior of this opaque cloud of gas and dust for the first time, exposing never- before-seen young stars. Image: http://sscws1.ipac.caltech.edu/Imagegallery/image.php?image_name=ssc2003-06b TAAA Web Page: http://www.tucsonastronomy.org TAAA Phone Number: (520) 792-6414 Office/Position Name Phone E-mail Address President Bill Lofquist 297-6653 [email protected] Vice President Ken Shaver 762-5094 [email protected] Secretary Steve Marten 307-5237 [email protected] Treasurer Terri Lappin 977-1290 [email protected] Member-at-Large George Barber 822-2392 [email protected] Member-at-Large JD Metzger 760-8248 [email protected] Member-at-Large Teresa Plymate 883-9113 [email protected] Chief Observer Wayne Johnson 586-2244 [email protected] AL Correspondent (ALCor) Nick de Mesa 797-6614 [email protected] Astro-Imaging SIG Steve Peterson 762-8211 [email protected] Computers in Astronomy SIG Roger Tanner
    [Show full text]
  • Idioms-And-Expressions.Pdf
    Idioms and Expressions by David Holmes A method for learning and remembering idioms and expressions I wrote this model as a teaching device during the time I was working in Bangkok, Thai- land, as a legal editor and language consultant, with one of the Big Four Legal and Tax companies, KPMG (during my afternoon job) after teaching at the university. When I had no legal documents to edit and no individual advising to do (which was quite frequently) I would sit at my desk, (like some old character out of a Charles Dickens’ novel) and prepare language materials to be used for helping professionals who had learned English as a second language—for even up to fifteen years in school—but who were still unable to follow a movie in English, understand the World News on TV, or converse in a colloquial style, because they’d never had a chance to hear and learn com- mon, everyday expressions such as, “It’s a done deal!” or “Drop whatever you’re doing.” Because misunderstandings of such idioms and expressions frequently caused miscom- munication between our management teams and foreign clients, I was asked to try to as- sist. I am happy to be able to share the materials that follow, such as they are, in the hope that they may be of some use and benefit to others. The simple teaching device I used was three-fold: 1. Make a note of an idiom/expression 2. Define and explain it in understandable words (including synonyms.) 3. Give at least three sample sentences to illustrate how the expression is used in context.
    [Show full text]
  • The Complete Stories
    The Complete Stories by Franz Kafka a.b.e-book v3.0 / Notes at the end Back Cover : "An important book, valuable in itself and absolutely fascinating. The stories are dreamlike, allegorical, symbolic, parabolic, grotesque, ritualistic, nasty, lucent, extremely personal, ghoulishly detached, exquisitely comic. numinous and prophetic." -- New York Times "The Complete Stories is an encyclopedia of our insecurities and our brave attempts to oppose them." -- Anatole Broyard Franz Kafka wrote continuously and furiously throughout his short and intensely lived life, but only allowed a fraction of his work to be published during his lifetime. Shortly before his death at the age of forty, he instructed Max Brod, his friend and literary executor, to burn all his remaining works of fiction. Fortunately, Brod disobeyed. Page 1 The Complete Stories brings together all of Kafka's stories, from the classic tales such as "The Metamorphosis," "In the Penal Colony" and "The Hunger Artist" to less-known, shorter pieces and fragments Brod released after Kafka's death; with the exception of his three novels, the whole of Kafka's narrative work is included in this volume. The remarkable depth and breadth of his brilliant and probing imagination become even more evident when these stories are seen as a whole. This edition also features a fascinating introduction by John Updike, a chronology of Kafka's life, and a selected bibliography of critical writings about Kafka. Copyright © 1971 by Schocken Books Inc. All rights reserved under International and Pan-American Copyright Conventions. Published in the United States by Schocken Books Inc., New York. Distributed by Pantheon Books, a division of Random House, Inc., New York.
    [Show full text]
  • Expert Podcasting Practices for Dummies (ISBN
    01_149263 ffirs.qxp 10/25/07 9:07 PM Page iii Expert Podcasting Practices FOR DUMmIES‰ by Tee Morris, Evo Terra, and Ryan Williams 01_149263 ffirs.qxp 10/25/07 9:07 PM Page ii 01_149263 ffirs.qxp 10/25/07 9:07 PM Page i Expert Podcasting Practices FOR DUMmIES‰ 01_149263 ffirs.qxp 10/25/07 9:07 PM Page ii 01_149263 ffirs.qxp 10/25/07 9:07 PM Page iii Expert Podcasting Practices FOR DUMmIES‰ by Tee Morris, Evo Terra, and Ryan Williams 01_149263 ffirs.qxp 10/25/07 9:07 PM Page iv Expert Podcasting Practices For Dummies® Published by Wiley Publishing, Inc. 111 River Street Hoboken, NJ 07030-5774 www.wiley.com Copyright © 2008 by Wiley Publishing, Inc., Indianapolis, Indiana Published by Wiley Publishing, Inc., Indianapolis, Indiana Published simultaneously in Canada No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except as permitted under Sections 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA 01923, (978) 750-8400, fax (978) 646-8600. Requests to the Publisher for permission should be addressed to the Legal Department, Wiley Publishing, Inc., 10475 Crosspoint Blvd., Indianapolis, IN 46256, (317) 572-3447, fax (317) 572-4355, or online at http://www.wiley.com/go/permissions. Trademarks: Wiley, the Wiley Publishing logo, For Dummies, the Dummies Man logo, A Reference for the Rest of Us!, The Dummies Way, Dummies Daily, The Fun and Easy Way, Dummies.com, and related trade dress are trade- marks or registered trademarks of John Wiley & Sons, Inc.
    [Show full text]
  • ED311449.Pdf
    DOCUMENT RESUME ED 311 449 CS 212 093 AUTHOR Baron, Dennis TITLE Declining Grammar--and Other Essays on the English Vocabulary. INSTITUTION National Council of Teachers of English, Urbana, Ill. REPORT NO ISBN-0-8141-1073-8 PUB DATE 89 NOTE :)31p. AVAILABLE FROM National Council of Teachers of English, 1111 Kenyon Rd., Urbana, IL 61801 (Stock No. 10738-3020; $9.95 member, $12.95 nonmember). PUB TYPE Books (010) -- Viewpoints (120) EDRS PRICE MF01/PC10 Plus Postage. DESCRIPTORS *English; Gr&mmar; Higher Education; *Language Attitudes; *Language Usage; *Lexicology; Linguistics; *Semantics; *Vocabulary IDENTIFIERS Words ABSTRACT This book contains 25 essays about English words, and how they are defined, valued, and discussed. The book is divided into four sections. The first section, "Language Lore," examines some of the myths and misconceptions that affect attitudes toward language--and towards English in particular. The second section, "Language Usage," examines some specific questions of meaning and usage. Section 3, "Language Trends," examines some controversial r trends in English vocabulary, and some developments too new to have received comment before. The fourth section, "Language Politics," treats several aspects of linguistic politics, from special attempts to deal with the ethnic, religious, or sex-specific elements of vocabulary to the broader issues of language both as a reflection of the public consciousness and the U.S. Constitution and as a refuge for the most private forms of expression. (MS) *********************************************************************** Reproductions supplied by EDRS are the best that can be made from the original document. *********************************************************************** "PERMISSION TO REPRODUCE THIS MATERIAL HAS BEEN GRANTED BY J. Maxwell TO THE EDUCATIONAL RESOURCES INFORMATION CENTER (ERIC)." U S.
    [Show full text]
  • THE FELL RUNNER May 1988 PETE BLAND SPORTS
    THE FELL RUNNER May 1988 PETE BLAND SPORTS CATERING FOR THE FELL, ROAD AND TRACK ENTHUSIAST We are the major stockists for Walsh fellrunning shoes and boots and we also stock Reebok and Ron Hill fellrunning shoes. Introducing our new member of staff, Bob Douglas, who has taken over from Jon Broxap soon to depart for Australia. Bob started fellrunning and Nordic skiing some 15 years ago. At present interested in short and medium fell races, 10k road and cross-country. Bob is a strong believer in running for fun and mixed training. Also involved in semi-pro photography with several photos used as Trophies for the Blencathra Race and Ian Hodgson Memorial Relay, and he hopes to complete a long-term photographic project on Fell Running. Fast, efficient Mail Order Service - ring or write for Price List. See our Van at most major fell races throughout 1988 season. Access or Visa welcome. FETE BLAND SPORTS 34A Kirkland, Kendal, Cumbria. Tel: (0539) 31012 Shop hours: 9.00 to 5.30, Monday to Saturday CONTENTS ^SOC IAT\0^ Page Editorial 1 EDITORIAL Letters 2-3 Committee News 3-5 Chairman's Report to FRA AGM 3 This is my first issue as editor of the Fell Runner and Committee Membership 3 given the remit of the FRA AGM to produce three issues FRA Committee - Who, What, When, How 4 of the Fell Runner I hope to expand the range of articles Choosing the Championship Races 4 especially in the area of international ventures and Committee Meetings 5 events on the celtic fringes.
    [Show full text]
  • The BG News February 18, 2000
    Bowling Green State University ScholarWorks@BGSU BG News (Student Newspaper) University Publications 2-18-2000 The BG News February 18, 2000 Bowling Green State University Follow this and additional works at: https://scholarworks.bgsu.edu/bg-news Recommended Citation Bowling Green State University, "The BG News February 18, 2000" (2000). BG News (Student Newspaper). 6610. https://scholarworks.bgsu.edu/bg-news/6610 This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. This Article is brought to you for free and open access by the University Publications at ScholarWorks@BGSU. It has been accepted for inclusion in BG News (Student Newspaper) by an authorized administrator of ScholarWorks@BGSU. WEATHER FRIDAY Showers February 18, 2000 High, 39 WORLD NLWS 2 Low, 25 OPINION 4 CAMPUS 7 The BG News SPORTS bjnewi.com Volume 88, Issue 28 i A daily independent srudenr priess LSU concerned about The Hunt is On lack of Latino faculty IRENE SHARON SCOTT I came here there were limited Moore. resources — you have to try to find "It was started as a result of CHIEF REPORTER people before you get help." LSU's focus on researching and She said that she is grateful for examining recruiting methods and The University Latino communi- having met Manny Vadillo, who seeing whether the University caters ty is concerned that their needs informed her about Latino Student Union and Sigma Lambda Gamma. to students' needs," Popovich said. aren't being met. "In many cases it doesn't." The Latino Student Union The lack of Latino perspective in brought these concerns to University University-wide decisions also con- The Task Force evaluated Latino President Sidney Ribeau Wednesday cerns students.
    [Show full text]
  • October 1923) James Francis Cooke
    Gardner-Webb University Digital Commons @ Gardner-Webb University The tudeE Magazine: 1883-1957 John R. Dover Memorial Library 10-1-1923 Volume 41, Number 10 (October 1923) James Francis Cooke Follow this and additional works at: https://digitalcommons.gardner-webb.edu/etude Part of the Composition Commons, Ethnomusicology Commons, Fine Arts Commons, History Commons, Liturgy and Worship Commons, Music Education Commons, Musicology Commons, Music Pedagogy Commons, Music Performance Commons, Music Practice Commons, and the Music Theory Commons Recommended Citation Cooke, James Francis. "Volume 41, Number 10 (October 1923)." , (1923). https://digitalcommons.gardner-webb.edu/etude/706 This Book is brought to you for free and open access by the John R. Dover Memorial Library at Digital Commons @ Gardner-Webb University. It has been accepted for inclusion in The tudeE Magazine: 1883-1957 by an authorized administrator of Digital Commons @ Gardner-Webb University. For more information, please contact [email protected]. StH&t iJtcze ^^^^SPECJA^NNJVERSAR^SSlg '5 r«m*o, f Percy Qraimyer~ e Tindale Cabinets Tin dale Cabinets.:, are35 helpfulJ' to musicians.‘ “I consider your m.sic equally a boon jrone iiKe lujtw Pee*J,5j stf.-cW"quickly to their music, hut nf shallow, light, easily handled ‘ great deep drawers of music, « _ i:i,A +Lacp r»f vnur C of music from another. nerfect in every way; “I repeat, your cabinets seem to me y ^yrtulationf on "your0 most excellent jchievement.” “Hearty Yours sincerely, Appreciation of a Masterpiece
    [Show full text]
  • When Does Governemnt Regulation Go "Too Far"?
    Fordham Environmental Law Review Volume 6, Number 3 2011 Article 13 When Does Governemnt Regulation Go “Too Far”? Daniel Riesel∗ Stephen Barshovy ∗ y Copyright c 2011 by the authors. Fordham Environmental Law Review is produced by The Berkeley Electronic Press (bepress). http://ir.lawnet.fordham.edu/elr WHEN DOES GOVERNMENT REGULATION GO "TOO FAR"? DANIEL RIESEL STEVEN BARSHOV* INTRODUCTION As the end of the TWentieth Century approaches, the law of regu- 1 latory takings is in an era of flux and rapid development. Fueled by the collision between development and environmental protection/ land-use regulations, the battle lines have been drawn over the extent to which private property rights can be limited or destroyed by gov- ernment in the name of the common good, without payment of com- pensation. The battle being waged now in courts and legislatures across the country was anticipated almost seventy-five years ago, in the seminal regulatory takings case of Pennsylvania Coal Co. v. Mahon,' in which Justice Holmes opined that the power of govern- ment to destroy private property rights via regulation is not unlimited and that "the police power can be stretched so far."2 Despite the plethora of regulatory takings cases since Pennsylvania Coal, the question of how far is "too far" has not been answered. In- deed, the much-heralded decision of Lucas v. South Carolina Coastal Council' has failed to provide a meaningful answer for the typical con- troversy involving governmental land-use regulations. Although Lu- cas makes clear that, absent a nuisance, a taking under the Fifth Amendment occurs when a governmental regulation deprives an owner of all economically viable use of property, little guidance is pro- vided for the far more common scenario-when less than 100% of value is destroyed.4 Indeed, we are left with Justice Scalia's somewhat whimsical remarks: * Daniel Riesel, J.D., is a member of Sive, Paget & Riesel, P.C., 460 Park Ave- nue, New York, New York 10022, and is a Lecturer in Law at Columbia University School of Law.
    [Show full text]