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Series

2006

Property Law and Real Estate

Institution
Keyword
Publication

Articles 1 - 30 of 79

Full-Text Articles in Law

Summary Of Linthicum V. Rudi, 122 Nev. Adv. Op. No. 120, Robert Stephens Dec 2006

Summary Of Linthicum V. Rudi, 122 Nev. Adv. Op. No. 120, Robert Stephens

Nevada Supreme Court Summaries

Appeal from an order of the Second Judicial District Court, Washoe County, dismissing plaintiffs’ action regarding an amendment to a revocable inter vivos trust. Moreover, plaintiffs appeal the Second Judicial District Court’s denial of their motion to be appointed as guardians ad litem and the award of attorney fees to the defendant.


Summary Of State, Bd. Of Equalization V. Bakst, 122 Nev. Adv. Op. No. 116, Jenny Routheaux Dec 2006

Summary Of State, Bd. Of Equalization V. Bakst, 122 Nev. Adv. Op. No. 116, Jenny Routheaux

Nevada Supreme Court Summaries

Appeal of a district court order granting a petition for judicial review and reversing a decision of the Nevada State Board of Equalization that affirmed property tax assessments in Washoe County.


Summary Of State, Bd. Of Equalization V. Bakst, 122 Nev. Adv. Op. No. 116, Jenny Routheaux Dec 2006

Summary Of State, Bd. Of Equalization V. Bakst, 122 Nev. Adv. Op. No. 116, Jenny Routheaux

Nevada Supreme Court Summaries

Appeal of a district court order granting a petition for judicial review and reversing a decision of the Nevada State Board of Equalization that affirmed property tax assessments in Washoe County.


Reconstructing Richard Epstein, Eduardo M. Peñalver Dec 2006

Reconstructing Richard Epstein, Eduardo M. Peñalver

Cornell Law Faculty Publications


Kelo's Moral Failure, Laura S. Underkuffler Dec 2006

Kelo's Moral Failure, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.


Michelman As Doctrinalist, Gregory S. Alexander Dec 2006

Michelman As Doctrinalist, Gregory S. Alexander

Cornell Law Faculty Publications


Summary Of Kay V. Nunez, 122 Nev. Adv. Op. No. 94, Michael Hammer Nov 2006

Summary Of Kay V. Nunez, 122 Nev. Adv. Op. No. 94, Michael Hammer

Nevada Supreme Court Summaries

Appeal from a district court order which denied a petition for judicial review and a petition for a writ of mandamus, and challenged the Clark County Board of County Commissioners’ authority to waive development standards.


The Suborned Subescrow, Roger Bernhardt Nov 2006

The Suborned Subescrow, Roger Bernhardt

Publications

This article examines a case involving subescrows, popular in southern California. They are not the same as true escrows, but their role if often blurred.


The Problem Of Social Cost In A Genetically Modified Age, Paul J. Heald, James C. Smith Nov 2006

The Problem Of Social Cost In A Genetically Modified Age, Paul J. Heald, James C. Smith

Scholarly Works

In Part I of this Article, we apply the Coase Theorem and its most useful corollary to the problem of pollen drift. We conclude that the liability of pollen polluters should be governed by balancing rules against nuisance law, to be applied on a case-by-case basis, rather than by a blanket liability or immunity rule. We also conclude that truly bystanding non-GMO farmers should have a viable defense to patent infringement because liability would result in the application of a reverse Pigovian tax that cannot be justified under accepted economic theory. Only a contextual approach can account for the wide ...


Metaphor, Objects, And Commodities, George H. Taylor, Michael J. Madison Oct 2006

Metaphor, Objects, And Commodities, George H. Taylor, Michael J. Madison

University of Pittsburgh School of Law Working Paper Series

This Article is a contribution to a Symposium that focuses on the ideas of Margaret Jane Radin as a point of departure, and particularly on her analyses of propertization and commodification. While Radin focuses on the harms associated with commodification of the person, relying on Hegel’s idea of alienation, we argue that objectification, and in particular objectification of various features of the digital environment, may have important system benefits. We present an extended critique of Radin’s analysis, basing the critique in part on Gadamer’s argument that meaning and application are interrelated and that meaning changes with application ...


Court Preserves Public Access To Newport's Historic Waterfront, Benjamin Spruill Oct 2006

Court Preserves Public Access To Newport's Historic Waterfront, Benjamin Spruill

Sea Grant Law Fellow Publications

No abstract provided.


Palazzolo, The Public Trust, And The Property Owner's Reasonable Expectations: Takings And The South Carolina Marsh Island Bridge Debate, Erin Ryan Oct 2006

Palazzolo, The Public Trust, And The Property Owner's Reasonable Expectations: Takings And The South Carolina Marsh Island Bridge Debate, Erin Ryan

Faculty Publications

No abstract provided.


When Neither Party Will Fix The Roof, Roger Bernhardt Oct 2006

When Neither Party Will Fix The Roof, Roger Bernhardt

Publications

This article discusses the conflict that arises in commercial property where neither tenant nor landlord has a duty to repair: the landlord may not evict and the tenant may not quit. The tenant may ultimately be held responsible for the repair under the duty to avoid waste.


Misindexed Documents, Roger Bernhardt Oct 2006

Misindexed Documents, Roger Bernhardt

Publications

No abstract provided.


Property Lessons In August Wilson's The Piano Lesson And The Wake Of Hurricane Katrina, Rachel A. Van Cleave Oct 2006

Property Lessons In August Wilson's The Piano Lesson And The Wake Of Hurricane Katrina, Rachel A. Van Cleave

Publications

No abstract provided.


Misindexed Documents, Roger Bernhardt Oct 2006

Misindexed Documents, Roger Bernhardt

Publications

This article discusses the absurdity of the majority rule holding that misindexed documents nevertheless give constructive notice.


Crystals, Mud, Bapcpa, And The Structure Of Bankruptcy Decisionmaking, R. Wilson Freyermuth Oct 2006

Crystals, Mud, Bapcpa, And The Structure Of Bankruptcy Decisionmaking, R. Wilson Freyermuth

Faculty Publications

A critical feature of any legal system is its formal dispute resolution mechanism. From the perspective of a transactions lawyer, the dispute resolution process should be structured to accomplish (or at least contribute positively toward) doctrinal clarity.


Attorneys As Escrow Agents, Roger Bernhardt Sep 2006

Attorneys As Escrow Agents, Roger Bernhardt

Publications

This article details the conflicts of interest that can arise when an attorney representing a buyer also acts as escrow agent for both parties.


Ceqa Analysis Of Development Displaced By Rejected Projects, George Lefcoe Jul 2006

Ceqa Analysis Of Development Displaced By Rejected Projects, George Lefcoe

University of Southern California Legal Studies Working Paper Series

In order to prevent the avoidable environmental degradation that often accompanies new development, the California Environmental Quality Act (CEQA) requires state and local decision makers to consider the potential environmental impacts of their discretionary approvals, even when they are voting entitlements for purely private development projects. California cities are burdened with notoriously underfunded transportation infrastructure and poor air quality, so CEQA findings can be marshaled to justify rejection of almost any proposed project. Because of California’s staggeringly high growth rates, projects rejected at one location are likely to find their way to another site within the same market area ...


Eminent Domain Reform In Missouri: A Legislative Memoir, Dale A. Whitman Jul 2006

Eminent Domain Reform In Missouri: A Legislative Memoir, Dale A. Whitman

Faculty Publications

The Missouri General Assembly, like a number of other state legislatures, undertook to reform its statutes relating to eminent domain during the 2006 legislative session. This article is the story of that effort and an analysis of the result. I write from a personal perspective. I was fortunate to have been personally involved in many of the decisions that were made as the bill, House Bill 1944, made its was through the legislative process. This opportunity was, I think, fairly unusual for a law professor; in thirty-seven years of teaching property law, I had never previously been so closely engaged ...


The Plight Of The Buyer’S Broker, Roger Bernhardt Jul 2006

The Plight Of The Buyer’S Broker, Roger Bernhardt

Publications

This article examines the commission claims of buyers’ brokers encounter with commissions and the tort for interference with prospective economic advantage.


House Of The Setting Sun: New Orleans, Katrina, And The Role Of Historic Preservation Laws In Emergency Circumstances, Annie Christoff May 2006

House Of The Setting Sun: New Orleans, Katrina, And The Role Of Historic Preservation Laws In Emergency Circumstances, Annie Christoff

Georgetown Law Historic Preservation Papers Series

In the aftermath of Hurricane Katrina, while various government bodies scrambled to address the myriad tragedies and emergencies that arose from the disaster, one critical question went largely unanswered and ignored: What was to become of the historic homes damaged in the storm and ensuing flood?

Obviously this question was of secondary concern at the time—where human life and safety are imperiled, the primary focus of government officials should be on restoring order and ensuring their constituents are protected. Precisely because of the existence of more pressing issues in a time of emergency, therefore, it is important to have ...


Uncertain Dangers In Unlawful Detainers, Roger Bernhardt May 2006

Uncertain Dangers In Unlawful Detainers, Roger Bernhardt

Publications

This article discusses the nature of unlawful detainer actions in California and the difficulties they create on tenants’ ability to negotiate with landlords over honest disputes..


Property Metaphors And Kelo V. New London: Two Views Of The Castle, Eduardo M. Peñalver May 2006

Property Metaphors And Kelo V. New London: Two Views Of The Castle, Eduardo M. Peñalver

Cornell Law Faculty Publications


Productive Preservation And The Reinvention Of Industrial America, Jonathan Flynn Apr 2006

Productive Preservation And The Reinvention Of Industrial America, Jonathan Flynn

Georgetown Law Historic Preservation Papers Series

This paper explores the problem of why the traditional model preservation, characterized by a strict and inflexible interpretation of the law, often fails in struggling communities. Particular emphasis is given to early industrial cities, where the existing urban infrastructure and difficult economic situation often conspire to make preservation exceptionally challenging. A solution is proposed for making preservation productive these distressed communities. Through a broader, and more flexible reading of existing law, a major preservation problem may be solved, and history can used as a valuable tool for growth and positive change.


Risky Recitals, Roger Bernhardt Apr 2006

Risky Recitals, Roger Bernhardt

Publications

This article compares judicial foreclosure to nonjudicial trustee sales and the significance of recitals in the trustee’s deed


Making The Broker Pay When The Deal Goes Bad, Roger Bernhardt Mar 2006

Making The Broker Pay When The Deal Goes Bad, Roger Bernhardt

Publications

This article discusses a California decision holding the broker liable to a buyer for misrepresenting the ability of the sellers to convey good title.


Conservation Cartels: How Competition Policy Conflicts With Environmental Protection, Jonathan H. Adler Feb 2006

Conservation Cartels: How Competition Policy Conflicts With Environmental Protection, Jonathan H. Adler

Faculty Publications

The alleged purpose of antitrust law is to improve consumer welfare by proscribing actions and arrangements that reduce output and increase prices. Conservation seeks to improve human welfare by maximizing the long-term productive use of natural resources, a goal that often requires limiting consumption to sustainable levels. While conservation measures might increase prices in the short run, they enhance consumer welfare by increasing long-term production and ensuring the availability of valued resources over time. That is true whether the restrictions are imposed by a private conservation cartel or a government agency. Insofar as antitrust law fails to take this into ...


Free And Green: A New Approach To Environmental Protection, Jonathan H. Adler Feb 2006

Free And Green: A New Approach To Environmental Protection, Jonathan H. Adler

Faculty Publications

Most Americans consider themselves environmentalists, yet most experts are dissatisfied with existing environmental regulations, which are both inefficient and inequitable. Worse, many don't serve environmental goals. This article outlines an alternative approach to environmental policy based on market institutions and property rights rather than central-planning and bureaucratic control. The aim is both to improve environmental protection and lessen the costs ? Economic and otherwise ? Of achieving environmental goals. It seeks to ensure that Americans' environmental values are advanced without sacrificing the individual liberties the American government was created to protect.

The problem with current regulatory approaches is not merely that ...


Summary Of In Re Resort At Summerlin Litigation, 122 Nev. Adv. Op. 15, 127 P.3d 1076, Bryan Lindsey Feb 2006

Summary Of In Re Resort At Summerlin Litigation, 122 Nev. Adv. Op. 15, 127 P.3d 1076, Bryan Lindsey

Nevada Supreme Court Summaries

Appeal and cross-appeal from a district court order granting a holder of a deed of trust priority over holders of mechanic’s liens but denying deed of trust holder’s request for costs.