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The New Family Freedom, Emily J. Stolzenberg 2018 Columbia Law School

The New Family Freedom, Emily J. Stolzenberg

Boston College Law Review

In family law, “autonomy” has traditionally meant freedom from state interference in one’s intimate life. This Article describes an emergent, libertarian vision of autonomy as property rights that also demands freedom from other family members. This conception, “choice about obligations,” holds redistribution of resources between intimates to be illegitimate unless the richer party “chose” to take on financial obligations ex ante by ceremonially marrying or formally contracting. But as more people conduct their intimate lives outside these legal institutions, choice about obligations increasingly collides with another, more fundamental, family law principle: the imperative to “privatize dependency,” i.e., to ...


Code Sec. 1031 After The 2017 Tax Act, Bradley T. Borden 2018 Brooklyn Law School

Code Sec. 1031 After The 2017 Tax Act, Bradley T. Borden

Faculty Scholarship

No abstract provided.


West Sunset 2050 Trust V. Nationstar Mortgage, L.L.C., 134 Nev. Adv. Op. 47 (Jun. 28, 2018), Shaneka J. Malloyd 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

West Sunset 2050 Trust V. Nationstar Mortgage, L.L.C., 134 Nev. Adv. Op. 47 (Jun. 28, 2018), Shaneka J. Malloyd

Nevada Supreme Court Summaries

The Court found that a foreclosure sale is not invalid due to lack of notice where: (1) a homeowners association (HOA) fails to serve the Notice of Default (NOD) to the recorded beneficiary of the deed of trust and (2) that recorded beneficiary’s successor in interest is unable to demonstrate how it was prejudiced or injured by the defective notice to their predecessor in interest. Further, a HOA does not lose standing to foreclose on a property when it enters into a factoring agreement that does not change the relationship between debtor and lender.


Carrington Mortg. Holdings V. R Ventures, 134 Nev. Adv. Op. 46 (Jun. 14, 2018), Paloma Guerrero 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Carrington Mortg. Holdings V. R Ventures, 134 Nev. Adv. Op. 46 (Jun. 14, 2018), Paloma Guerrero

Nevada Supreme Court Summaries

The Court determined that application of NRS § 116.3116(8) which states that “[a] judgment or decree in any action brought under this section must include costs and reasonable attorney’s fees for the prevailing party,” refers only to actions brought by a homeowners’ association to enforce its assessment lien and not a quiet title and declaratory judgment action by a third-party purchaser at such a sale.


Massachusetts Has A Problem: The Unconstitutionality Of The Tax Deed, Ralph D. Clifford 2018 University of Massachusetts School of Law

Massachusetts Has A Problem: The Unconstitutionality Of The Tax Deed, Ralph D. Clifford

University of Massachusetts Law Review

The predominant method for collecting delinquent real estate taxes in Massachusetts is the use of the “tax deed” as authorized by Chapter 60, Sections 53-54. Under the authorized procedures, each municipality’s tax collector can execute and record a deed that transfers fee simple title to the real estate to the municipality subject to the taxpayer’s statutorily created redemption right. If the redemption right is or cannot be exercised, all of the taxpayer’s rights in the property, as well as other’s rights created by encumbrances such as mortgages, are terminated by the foreclosure process provided for in ...


Things Invisible To See: State Action & Private Property, Joseph William Singer, Isaac Saidel-Goley 2018 Texas A&M University School of Law

Things Invisible To See: State Action & Private Property, Joseph William Singer, Isaac Saidel-Goley

Texas A&M Law Review

This Article revisits the state action doctrine, a judicial invention that shields “private” or “non-governmental” discrimination from constitutional scrutiny. Traditionally, this doctrine has applied to discrimination even in places of public accommodation, like restaurants, hotels, and grocery stores. Born of overt racial discrimination, the doctrine has inflicted substantial injustice throughout its inglorious history, and courts have continuously struggled in vain to coherently apply the doctrine. Yet, the United States Supreme Court has not fully insulated “private” or “horizontal” relations among persons from constitutional scrutiny. The cases in which it has applied constitutional norms to non-governmental actors should be celebrated rather ...


Charting A New Course In Cuba? Why The Time Is Now To Settle Outstanding American Property Claims, Marco Antonio Dueñas 2018 Brooklyn Law School

Charting A New Course In Cuba? Why The Time Is Now To Settle Outstanding American Property Claims, Marco Antonio Dueñas

Brooklyn Journal of International Law

The recent warming of relations between the United States and Cuba offered generations of Cubans; Americans; and Cuban Americans renewed hope for normalized relations. One obstacle—satisfactory resolution of property claims—stands in the way; which dates back to the Cuban government’s nationalization of all U.S. assets on the island. The Cuban Liberty and Democratic Solidarity Act of 1996 (the “Helms-Burton Act”) predicates resolution of these decades-old property claims by the Cuban government as an essential condition for the full resumption of economic and diplomatic relations between the two neighbors. Separated by only ninety miles of Caribbean Sea ...


Montage Marketing, Llc V. Washoe County, 134 Nev. Adv. Op. 3 (May 31, 2018), Jocelyn Murphy 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Montage Marketing, Llc V. Washoe County, 134 Nev. Adv. Op. 3 (May 31, 2018), Jocelyn Murphy

Nevada Supreme Court Summaries

The Court held the district court’s order denying a petition for judicial review in a property tax matter concerning unsold condominium units was proper under NRS 361.227(2)(b) and NRS 351.227(5)(c) because neither statutory provision requires a county assessor to value unsold condominiums as a single unit or to apply the discounted cash flow method to determine full cash value.


A Pro Debtor And Majority Approach To The "Automatic Stay" Provision Of The Bankruptcy Code—In Re Cowen Incorrectly Decided, Claudia A. Restrepo 2018 Boston College Law School

A Pro Debtor And Majority Approach To The "Automatic Stay" Provision Of The Bankruptcy Code—In Re Cowen Incorrectly Decided, Claudia A. Restrepo

Boston College Law Review

On February 27, 2017, in In re Cowen, the U.S. Court of Appeals for the Tenth Circuit held that only affirmative actions to either obtain possession or exercise control over property of the bankruptcy estate constitute violations of the automatic stay provision. In doing so, the court concluded that the passive retention of an asset that was acquired pre-petition was not a violation of the automatic stay, and that the creditor had no obligation to relinquish the asset to the bankruptcy estate. This Comment argues that the Tenth Circuit misinterpreted the automatic stay provision of the Bankruptcy Code, disregarding ...


Placentophagy: A Women's Right To Her Placenta, Amber Goeden 2018 Concordia University School of Law

Placentophagy: A Women's Right To Her Placenta, Amber Goeden

Concordia Law Review

Placentophagy is the consumption of the placenta after childbirth. While not every woman participates in placentophagy, there has been a notable increase of the practice. Many reasons exist in why woman partake in placentophagy. The most notable reasons for the growth, is the claimed increased breast milk production and the potential for reducing the effects of post-partum depression. Even though a woman might choose to partake in placentophagy, she might be met with law, or the lack thereof, that restricts her access to her placenta. Due to the increased requests for the placenta it has highlighted that a woman’s ...


Keep Suing All The Lawyers: Recent Developments In Claims Against Lawyers For Aiding & Abetting A Client’S Breach Of Fiduciary Duty, Katerina P. Lewinbuk 2018 South texas College of Law

Keep Suing All The Lawyers: Recent Developments In Claims Against Lawyers For Aiding & Abetting A Client’S Breach Of Fiduciary Duty, Katerina P. Lewinbuk

St. Mary's Journal on Legal Malpractice & Ethics

Lawyers have increasingly become subject to liability under various legal theories, ranging from traditional legal malpractice or negligence liability claims to various third-party actions. Most recently, state and federal courts across the country have recognized attorney liability for aiding and abetting a client’s breach of fiduciary duty. This Article will address the current status of the cause of action for a lawyer’s aiding and abetting her client’s breach of fiduciary duty, explain the commonalities and distinguish nuances as outlined by particular states, examine recent decisions by federal courts that have recognized the cause of action, and culminate ...


Takings Clause And Integrated Sustainability Policy And Regulation: The Proportionality Of The Burdens Of Exercising Property Rights And Paying Just Compensation, James E. Holloway, D. Tevis Noelting 2018 Villanova University Charles Widger School of Law

Takings Clause And Integrated Sustainability Policy And Regulation: The Proportionality Of The Burdens Of Exercising Property Rights And Paying Just Compensation, James E. Holloway, D. Tevis Noelting

Villanova Environmental Law Journal

No abstract provided.


The Limited Duties Of Lawyers To Protect The Funds And Property Of Nonclients, Vincent R. Johnson 2018 St. Mary's University School of Law

The Limited Duties Of Lawyers To Protect The Funds And Property Of Nonclients, Vincent R. Johnson

St. Mary's Journal on Legal Malpractice & Ethics

Issues arise daily in law practice about the duties owed by lawyers to nonclients with respect to funds or property entrusted to them. In resolving those issues, care must be exercised when interpreting state versions of Model Rule 1.15, the American Bar Association’s pattern ethics rule on safekeeping of funds and property. Otherwise, a lawyer’s duties to third persons may too readily encroach on the performance of obligations owed to clients, as well as on the legitimate interests of lawyers themselves.

As numerous authorities have recognized, lawyers are obliged to protect the property interests of third persons ...


Markle Interest, L.L.C. V. U. S. Fish & Wildlife Service, Peter B. Taylor 2018 Alexander Blewett III School of Law at the University of Montana

Markle Interest, L.L.C. V. U. S. Fish & Wildlife Service, Peter B. Taylor

Public Land & Resources Law Review

This action is an appeal of a grant of summary judgment to the United States Fish and Wildlife Service on the designation of critical-habitat for the dusky gopher frog under the ESA. Landowner appellants originally sought declaratory and injunctive relief against the Service, the Department of Interior, and agency officials challenging the designation of their private property as critical-habitat for the dusky gopher frog. The court’s holdings recognize loss of property value as a “particularized injury” for standing under the ESA in addition to addressing the landowners’ three principal arguments: 1) the critical habitat designation violated the ESA and ...


Arresting The Village-To-Prison Pipeline: Mandatory Criminal Adr As A Transitional Justice Strategy, Jeremy Akin 2018 University of Georgia School of Law

Arresting The Village-To-Prison Pipeline: Mandatory Criminal Adr As A Transitional Justice Strategy, Jeremy Akin

Georgia Journal of International & Comparative Law

No abstract provided.


Murr-Ky Waters: How Murr V. Wisconsin Creates Uncertainty In Attempting To Answer The “Denominator Question”, Charles M. Kassir 2018 University of Maryland Francis King Carey School of Law

Murr-Ky Waters: How Murr V. Wisconsin Creates Uncertainty In Attempting To Answer The “Denominator Question”, Charles M. Kassir

Maryland Law Review Online

No abstract provided.


An Argument To The State Of Maine, The Town Of Wells, And Other Maine Towns Similarly Situated: Buy The Foreshore - Now, Orlando E. Delogu 2018 University of Maine School of Law

An Argument To The State Of Maine, The Town Of Wells, And Other Maine Towns Similarly Situated: Buy The Foreshore - Now, Orlando E. Delogu

Maine Law Review

This paper has its roots in the finality of what have come to be called the Moody Beach decisions. In the last of these two cases, Maine's Supreme Judicial Court, sitting as the Law Court, held that the public's right to use the intertidal zone was limited to those uses and activities spelled out in the Colonial Ordinance of 16411647: “We agree with the Superior Court's declaration of the state of the legal title to Moody Beach. Long and firmly established rules of property law dictate that the plaintiff oceanfront owners at Moody Beach hold title in ...


Saticoy Bay V. Fed. Nat’L Mortg. Ass’N, 134 Nev. Adv. Op. 36 (May. 17, 2018) (En Banc), Shady Sirsy 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Saticoy Bay V. Fed. Nat’L Mortg. Ass’N, 134 Nev. Adv. Op. 36 (May. 17, 2018) (En Banc), Shady Sirsy

Nevada Supreme Court Summaries

The Court held that when the Federal Housing Finance Agency (FHFA) is acting as a conservator, absent their affirmative relinquishment, the Federal Foreclosure Bar cloaks property with Congressional protection.


Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore III 2018 St. Mary's University School of Law

Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps 2018 University at Buffalo School of Law

Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps

Journal Articles

This essay examines the controversy regarding confederate monuments and attempts to contextualize this debate within the current preservation framework. While much attention has been paid to this topic over the past year, particularly with regard to “public” monuments, such discussion has generally failed to recognize the varied and complicated property law layers involved—which can fundamentally change the legal requirements for modification or removal. We propose a spectrum or framework for assessing these resources ranging from public to private, and we explore the messy space in-between these poles where most monuments actually fall. By highlighting these categories, we provide an ...


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