Law Commons^™

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 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

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

Cornell Law Faculty Publications

Michelman As Doctrinalist, Gregory S. Alexander

Cornell Law Faculty Publications

Kelo's Moral Failure, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

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

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

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 …

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

Sea Grant Law Fellow Publications

No abstract provided.

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.

Misindexed Documents, Roger Bernhardt

Publications

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

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

Publications

No abstract provided.

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

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

Faculty Publications

No abstract provided.

The Demise Of Federal Takings Litigation, Stewart E. Sterk

Articles

For more than twenty years the Supreme Court has held that a federal takings claim is not ripe until the claimant seeks compensation in state court. The Court's recent opinion in San Remo Hotel, L.P. v. City & County of San Francisco establishes that the federal full faith and credit statute applies to federal takings claims. The Court itself recognized that its decision limits the availability of a federal forum for takings claims. In fact, however, claim preclusion doctrine-not considered or discussed by the Court-may result in more stringent limits on federal court review of takings claims than the Court's …

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.

Subprime Standardization: How Rating Agencies Allow Predatory Lending To Flourish In The Secondary Mortgage Market, David Reiss

Faculty Scholarship

No abstract provided.

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.

Copyright And Incomplete Historiographies: Of Piracy, Propertization, And Thomas Jefferson, Justin Hughes

Articles

Because we learn from history, we also try to teach from history. Persuasive discourse of all kinds is replete with historical examples – some true and applicable to the issue at hand, some one but not the other, and some neither. Beginning in the 1990s, intellectual property scholars began providing descriptive accounts of a tremendous strengthening of copyright laws, expressing the normative view that this trend needs to be arrested, if not reversed. This thoughtful body of scholarly literature is sometimes bolstered with historical claims – often casual comments about the way things were. The claims about history, legal or …

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 …

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 a …

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..

Rehabilitating Rehab Through State Building Codes, Sara C. Bronin

Cornell Law Faculty Publications

Building codes are not neutral documents. Traditional codes have the effect of deterring the rehabilitation of older structures. But rehabilitation - which can have many positive effects, especially on cities - should be encouraged, not deterred. One promising method of encouraging rehabilitation has been the adoption of rehabilitation codes: building codes that establish flexible but clear requirements for renovators. After analyzing traditional building codes and three different rehabilitation codes, this Note concludes that more states should adopt rehabilitation codes on a mandatory basis.

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

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

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

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

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 …