4 Brigham-Kanner Prop. Rts. Conf. J. 23 (2015)
Michael M. Berger - A Career Devoted to Property Rights

handle is hein.journals/brikanproco4 and id is 29 raw text is: MICHAEL M. BERGER-A CAREER DEVOTED TO
PROPERTY RIGHTS
DANA BERLINER*
2014 marks the first time a practitioner has won this award, and
it is fitting that it goes to Mike Berger.
Advocates do much to shape the law of property. Good advocates
carefully select their cases to present issues directly and sympatheti-
cally. They identify the questions presented on appeal and, of course,
at the Supreme Court. They formulate the theories and identify the
lines of cases that they suggest the Court follow or reject. They intro-
duce the evidence that either is or is not sufficient to prove their
client's side of the story. All of these decisions then have a direct role
in shaping the outcomes of cases.
The goal of the Brigham-Kanner prize is to identify those who have
made a difference in property law. It is therefore fitting that it go to
a practitioner, particularly one who has had the impact that Mike
Berger has had.
What has made Mike such a powerful force in shaping takings law?
He combines everything you need-strategic judgment in case selec-
tion, a well-developed theory of the law, and excellent advocacy skills.
And Mike has been part of every major debate taking place in tak-
ings law today.
Mike has been able to make such a difference for many reasons.
These include adherence to principle, perseverance, and a deep knowl-
edge of the law.
* Principle. Mike has a firm belief that people whose property
is taken, either by physical taking, by noise, or by regulation,
deserve to be compensated. This principle has infused all of
his litigation and all of his writings.
* Perseverance. Mike has been litigating and writing about
these issues for more than forty years. He has litigated re-
peatedly in the Ninth Circuit and the California courts, prob-
ably the most unfriendly venues for property rights litigation
in the entire country. He has also litigated in other parts of
the country-I'm sure that was a relief for him-and at the

* Litigation Director, Institute for Justice.

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