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Full-Text Articles in Law
Pawlik V. Deng, 134 Nev. Adv. Op. 11 (Mar. 1, 2018) (En Banc), Will T. Carter
Pawlik V. Deng, 134 Nev. Adv. Op. 11 (Mar. 1, 2018) (En Banc), Will T. Carter
Nevada Supreme Court Summaries
The Court held NRS 271.595 creates two redemption periods; one of two years and one of 60-days. The 60-day notice and redemption period must follow the two-year period and cannot run concurrently.
High Noon At Arlington Ranch Homeowners Ass’N V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 66 (Sept. 27, 2017) (En Banc), Homero Gonzalez
High Noon At Arlington Ranch Homeowners Ass’N V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 66 (Sept. 27, 2017) (En Banc), Homero Gonzalez
Nevada Supreme Court Summaries
Under NRS Chapters 40 and 116, homeowners associations (HOAs) have the representational standing to represent all homeowners who purchase their homes after litigation is commenced by or against the HOAs. However, the Court clarified that there is no such representational standing to bring or continue to pursue a case on behalf of homeowners who sell their units after litigation has begun.
Ln Mgmt. Llc Series 5105 Portraits Place V. Green Tree Loan Servicing Llc, 133 Nev. Adv. Op. 55 (Aug. 03, 2017), Wesley Lemay Jr.
Ln Mgmt. Llc Series 5105 Portraits Place V. Green Tree Loan Servicing Llc, 133 Nev. Adv. Op. 55 (Aug. 03, 2017), Wesley Lemay Jr.
Nevada Supreme Court Summaries
If a homeowner that owns property in Nevada but declares bankruptcy in Texas and fails to list the Home Owners Association (HOA) as a creditor, the HOA cannot violate the automatic stay imposed by the bankruptcy and sell the property. If the property is sold in violation of the automatic stay, the sale is invalid. Under Ninth Circuit law, the sale is void ab initio while the Fifth Circuit holds that these types of sales are voidable, but can be approved by the bankruptcy court.
Nationstar Mortg. V. Sfr Invs. Pool 1, 133 Nev. Adv. Op. 34 (June 22, 2017), Elise Conlin
Nationstar Mortg. V. Sfr Invs. Pool 1, 133 Nev. Adv. Op. 34 (June 22, 2017), Elise Conlin
Nevada Supreme Court Summaries
The Court held that a servicer of a loan that is owned by a regulated entity does have standing to raise claims on behalf of the Federal Housing Finance Agency. If a party argues that federal law preempts state law when a case is properly before the court, then the court has authority to determine that issue.
Mardian V. Greenberg Family Trust, 131 Nev. Adv. Op. 72 (Sep. 24, 2015), Colton Loretz
Mardian V. Greenberg Family Trust, 131 Nev. Adv. Op. 72 (Sep. 24, 2015), Colton Loretz
Nevada Supreme Court Summaries
The Court concluded that the promissory note, which had security interest by both a deed of trust of Arizona real property and personal guaranties, was governed by Nevada limitations period because of the Nevada choice-of-law provision within the contract. Consequently, the Court held that the party seeking deficiency judgment was time-barred pursuant to NRS 40.455(1) because the judgment was not sought within six months of the foreclosure sale of the collateral property.
Summary Of Branch Banking & Trust V. Windhaven & Tollway, Llc, 131 Nev. Adv. Op. 20 (Apr. 30, 2015), Joseph Meissner
Summary Of Branch Banking & Trust V. Windhaven & Tollway, Llc, 131 Nev. Adv. Op. 20 (Apr. 30, 2015), Joseph Meissner
Nevada Supreme Court Summaries
The Court determined the proper interpretation of NRS 40.455(1), and applied it in a claim for a deficiency judgment following an out-of-state nonjudicial foreclosure. NRS 40.455(1) “does not require an out-of-state trustee’s sale to comply with NRS 107.080, nor does it preclude a deficiency judgment in Nevada when a nonjudicial foreclosure sale is conducted pursuant to the laws of another state.”
The Public Policy Exception To Recognition And Enforcement Of Judgments In Cases Of Copyright Infringement, Marketa Trimble
The Public Policy Exception To Recognition And Enforcement Of Judgments In Cases Of Copyright Infringement, Marketa Trimble
Scholarly Works
In recent years proposals have been made for an international convention that would facilitate a smooth recognition and enforcement of foreign judgments in intellectual property matters. Like all of these proposals, the American Law Institute’s preliminary version, short titled "Draft Principles" published in March 2007, strives to eliminate most hurdles to recognition and enforcement by providing rules for jurisdiction, choice of law and coordination of multi-territorial actions. As long as the rules are applied by the court that issues a judgment (the “rendering court”), most of the obstacles to recognition and enforcement − differing jurisdictional rules and choice of law …
Identical Cousins? On The Road With Dilution And The Right Of Publicity, Mary Lafrance
Identical Cousins? On The Road With Dilution And The Right Of Publicity, Mary Lafrance
Scholarly Works
The dilution doctrine and the right of publicity have a great deal in common, because both represent property-like rights that have evolved from legal doctrines largely unrelated to property concerns. Although both doctrines have engendered controversy in the United States, the dilution doctrine generally evokes greater skepticism and confusion. This Article evaluates how these concepts are viewed in a number of jurisdictions outside the United States. From this examination, two conclusions emerge. First, despite the similarities between the doctrines, countries do not tend to adopt or reject them in tandem. Second, the degree to which each doctrine achieves widespread and …
Restitution As A Remedy For Refugee Property Claims In The Israeli-Palestinian Conflict, Michael Kagan
Restitution As A Remedy For Refugee Property Claims In The Israeli-Palestinian Conflict, Michael Kagan
Scholarly Works
This Article examines restitution as an autonomous human right for refugees displaced in the Israeli-Palestinian conflict, and assesses the implications of taking such a rights-based approach. The author concludes that the refugees have a strong legal claim to restitution. In international law, compensation is relevant only when restitution is materially impossible, where property has been damaged or declined in value so that restitution is not a complete remedy for the victim's loss or where a refugee chooses not to seek restitution. Current empirical research about land usage in Israel indicates that a great deal, and possibly the majority, of lost …
Finding A Right To The City: Exploring Property And Community In Brazil And In The United States, Ngai Pindell
Finding A Right To The City: Exploring Property And Community In Brazil And In The United States, Ngai Pindell
Scholarly Works
Increasing poor people's access to property and shelter in urban settings raises difficult questions over how to define property and, likewise, how to communicate who is entitled to legal property protections. An international movement - the right to the city - suggests one approach to resolving these questions. This Article primarily explores two principles of the right to the city - the social function of property and the social function of the city - to consider how to better achieve social and economic justice for poor people in urban areas. Using Brazil as one example of a country incorporating these …
The Study Of Intellectual Property At The William S. Boyd School Of Law, Mary Lafrance
The Study Of Intellectual Property At The William S. Boyd School Of Law, Mary Lafrance
Scholarly Works
This article discusses the intellectual property program at William S. Boyd School of Law.
Constitutional Law - Due Process - Notice By Publication Is Constitutionally Inadequate In Tax Sale Proceeding, Martin A. Geer
Constitutional Law - Due Process - Notice By Publication Is Constitutionally Inadequate In Tax Sale Proceeding, Martin A. Geer
Scholarly Works
In 1976 the Michigan Supreme Court’s determined in Doe v. State that procedural due process requires an owner of a significant interest in real property to be given notice of the state’s foreclosure petition and a meaningful opportunity for a hearing which he may challenge the state’s claim that property taxes remain unpaid without legal justification. This casenote examines the existing legal precedent during the Doe v. State decision, the Michigan Supreme Court’s decision and analysis, and the legislature’s actions following the decision.