Law Commons^™

Summary Of Holt V. Regional Trustee Services Corp., 127 Nev. Adv. Op. 80, Brandon C. Sendall

Nevada Supreme Court Summaries

The Court considered an appeal from a district court order refusing to enjoin a lender from instituting a second foreclosure action after being denied a Foreclosure Mediation Program certificate in a prior foreclosure action.

Property's Memories, Eduardo M. Peñalver

Cornell Law Faculty Publications

This short essay, presented at Fordham's conference on the social functions of property (and in an earlier form at a conference on law and memory at USC), explores the relationship between property and memory. It distinguishes between property as the object of memory ("memory of property") and property as a medium of memory ("memory in property"). With respect to both kinds of memory, the common law expresses a great deal of ambivalence towards memory. Unlimited memory is no less dangerous to a system of property than it is to an individual’s ability to think. Recent reforms of adverse possession, the …

Pluralism And Property, Gregory S. Alexander

Cornell Law Faculty Publications

Welfarism is no longer the only game in the town of property theory. In the last several years a number of property scholars have begun developing various versions of a general vision of property and ownership that, although consistent with welfarism in some respects, purports to provide an alternative to the still-dominant welfarist account. This alternative proceeds under different labels, including “virtue theory” and “progressive,” but for convenience purposes let us call them collectively “social obligation” theories. For what they have in common is a desire to correct the common but mistaken notion that ownership is solely about rights. These …

Summary Of Chateau Vegas Wine, Inc. V. S. Wine & Spirits, 127 Nev. Adv. Op. 73, Richard A. Andrews

Nevada Supreme Court Summaries

The Court considered an appeal from a district court order granting a permanent injunction in a business tort action.

The Uncertain Requirement For Recording Assignments Of Deeds Of Trust, Roger Bernhardt

Publications

Analysis of a recent California decision exempting the assignment of a deed of trust from California’s statutory recording requirement on the ground that the act applies only to mortgages.

Maya V. Centex Corp., Roger Bernhardt

Publications

Analysis of a recent Ninth Circuit Decision holding that plaintiffs have alleged sufficient injury for standing purposes in claiming that developers misrepresented the future quality of the neighborhood to them.

More On Mortgage Transfer Mysteries, Roger Bernhardt

Publications

A review of recent federal and state decisions in California involving mortgage transfers.

The Priority Fight Between The Second Mortgagee And The Subrogated Insurance Carrier, Roger Bernhardt

Publications

Analysis of a recent decision holding that the insurance carrier who had paid the first mortgagee had a superior right to the remaining value of the property by virtue of subrogation than did the second mortgagee, even though the second was also insured under the same policy.

Avalon Pacific-Santa Ana, L.P. V Hd Supply Repair & Remodel, Llc (2011), Roger Bernhardt

Publications

Lessor could not recover cost of repair damages for lessee’s breach of maintenance and repair obligations when lease had neither expired nor been terminated. Similarly, when lease will be in effect for extended term, lessor may recover waste damages before lease expiration or termination only on showing of substantial and permanent damage resulting in reduced market value.

Ferguson V. Avelo Mortgage, Llc, Roger Bernhardt

Publications

Ability of secondary market participants to foreclose on transferred mortgages.

Creative Ventures, Llc V Jim Ward & Assocs.: (2011) 195 Ca4th 1430, - Cr3d, Roger Bernhardt

Publications

Analysis of a California decision applying usury sanctions to third party investors.

The Priorities Of Proceeds And Rents, Roger Bernhardt

Publications

Analysis of a Seventh Circuit decision involving priority of claims to rents.

Being Professionally Responsible In Property Transactions, Roger Bernhardt

Publications

Discussion of two cases sanctioning lawyers for improperly 1) going into business with the client, and 2) working with the other side after quitting the case.

Challenges To California Foreclosures Based On Mers Transfers, Roger Bernhardt

Publications

A review of recent California decisions challenging the validity of mortgage transfers through MERS.

Redevelopment Agency V Bnsf Ry. (9th Cir 2011) 643 F3d 668, Roger Bernhardt

Publications

Analysis of a Ninth Circuit involving pollution by a former owner.

Summary Of Walters V. Dist. Ct., 127 Nev. Adv. Op. 66, William Habdas

Nevada Supreme Court Summaries

The Court reviewed a petition for a writ of mandamus or prohibition. The issue was whether a counterclaim, cross-claim, and written motion setting the grounds for the application and the relief sought satisfied the requirements of NRS Chapter 40 for seeking a deficiency judgment upon a breach of guaranty.

Summary Of G.C. Wallace, Inc. V. Dist. Ct., 126 Nev. Adv. Op. 64, Alan Miller

Nevada Supreme Court Summaries

The Court examined a petition for a writ of mandamus challenging the district court's jurisdiction on grounds that a failure to raise the issue of damages in a summary eviction proceeding in justice court precluded a landlord from subsequently seeking damages in district court.

Series Llcs In Real Estate Transactions, Bradley T. Borden, Mathews Vattamala

Faculty Scholarship

No abstract provided.

Community Collateral Damage: A Question Of Priorities, Andrea Boyack

Faculty Publications

Today’s soaring mortgage default rate and the uncertainty and delay associated with mortgage foreclosure proceedings threatens to cause financial tragedies of the commons in condominiums and homeowner associations across the country. Assessment defaults in privately governed communities result in an inequitable allocation of upkeep costs, and current law provides no way to prevent this spillover effect. But the collateral damages caused by delayed foreclosures and insufficient recoveries can be minimized by gradually increasing the priority position of the association lien.

In a majority of states, association liens are completely subordinate to the first mortgage lien. At foreclosure of the mortgage …

The People's Court, Kermit J. Lind

Law Faculty Articles and Essays

The Cleveland Housing Court adjudicates only one house and one owner at a time, while the investors and speculators in blighted properties operate in secret at high volume from a distance. However, the court's focus on housing code compliance and its (when needed) willingness to hand down strong measures is powerful. Even now, the City of Cleveland is implementing new strategic code compliance measures in partnership with neighborhood-based community development corporations, to the point where there is less profit in owning worthless houses in Cleveland, and the court is redirecting the disposal of low-value foreclosed houses to local land banks …

Introduction: Comparative Property Rights, Lynda L. Butler

Faculty Publications

No abstract provided.

Eminent Domain And Racial Discrimination: A Bogus Equation, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

This paper is a transcript of testimony by Professor J. Peter Byrne before the U.S. Civil Rights Commission on August 12, 2011.

This hearing addresses claims that the use of eminent domain for economic development unfairly and disproportionately harms racial and ethnic minorities. These claims draw on the history of urban renewal prior to the 1960’s, when many African Americans and others were displaced by publicly funded projects that bulldozed their homes in largely failed attempts to modernize cities. Justice Clarence Thomas’s dissent in Kelo v. City of New London further argued that the use of eminent domain for economic …

Summary Of Gallegos V. Malco Enterprises Of Nevada, 127 Nev. Adv. Op. No. 51, Chelsey Bosworth

Nevada Supreme Court Summaries

An appeal from a district court’s finding that a party cannot assign a judgment debtor’s right of action to a judgment creditor in a proceeding supplementary to the execution of a judgment.

Summary Of Leyva V. National Default Services Corp., 127 Nev. Adv. Op. No. 40, Marissa Pensabene

Nevada Supreme Court Summaries

An appeal from a district court order denying a petition for judicial review in a foreclosure mediation action.

Summary Of Lawrence V. Clark County, 127 Nev. Adv. Op. No. 32, Dan Hill

Nevada Supreme Court Summaries

Appeal from a district court ruling on the pleadings in a government land dispute action.

Virtues Of Common Ownership, Anna Di Robilant

Faculty Scholarship

Professor Michael Sandel's theory of justice is attractive and inspirational for lawyers interested in social change. Sandel's call to go beyond egalitarian liberalism has real and important implications for legal and institutional engineering. However, Sandel's theory of justice is parsimonious of recommendations for medium level institutional design. It offers little detailed guidance to private lawyers called upon to design background rules for the allocation of scarce resources and necessary burdens. This essay will discuss how Sandel's theory of justice may help orient the work of lawyers and policymakers interested in a question that is central to recent property debates: the …

Laudable Goals And Unintended Consequences: The Role And Control Of Fannie Mae And Freddie Mac, Andrea Boyack

Faculty Publications

The United States is struggling to emerge from an era of loose mortgage underwriting standards – lapses in credit analysis that led to origination and securitization of toxic loans. The fallout has been crippling, costing borrowers their homes, investors their money, and the government its taxes.

The Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act) passed last summer was the first comprehensive effort to address the problems in the system that led – in sequence – to the subprime crisis, the housing crisis, and the financial crisis. The Dodd-Frank Act, which contains over 2,300 pages of legislation, …

A Presence Of The Past: The Legal Protection Of Singapore’S Archaeological Heritage, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

Singapore is not well known for its archaeological heritage. In fact, chance finds in the early 20th century and systematic archaeological excavations since the 1980s conducted at sites around the Singapore River have unearthed artefacts shedding light on the island’s early history. In addition, the value of archaeology for a deeper knowledge of Singapore’s British colonial past is increasingly being recognized. Nonetheless, Singapore law provides only a rudimentary framework to facilitate archaeological investigations and protect cultural artefacts. This article considers how the National Heritage Board Act (Cap 196A, 1994 Rev Ed), the Planning Act (Cap 232, 1998 Rev Ed), and …

The Silver Lining In The Red Giant: China’S Residential Mortgage Laws Promote Temperance Among The Surging Middle Class, Clayton D. Laforge

Law Student Publications

This comment examines the rise of China‘s middle class and proactive governance to protect its economy from a housing bubble during the global downturn. An analysis of recently enacted Chinese labor and corporate laws demonstrates how the government facilitated the rise of the middle class. The comment dis-cusses the ramifications of strict domestic residential mortgage regulations and how China‘s tempered investment structure secured its domestic housing market. Part II of this comment examines China‘s investment and consumption patterns compared to domestic growth. Part III discusses how the surging middle class grew to seek investment opportunities in the real estate market …

The Doctrine Of Discovery And The Elusive Definition Of Indian Title, Blake Watson

School of Law Faculty Publications

On April 15, 2011, the Lewis & Clark Law Review hosted its Spring Symposium, entitled “The Future of International Law in Indigenous Affairs: The Doctrine of Discovery, the United Nations, and the Organization of American States.” While the Symposium participants agree that the doctrine of discovery should be rejected, they disagree on the impact of the discovery doctrine on native land rights in the United States. This Article examines the differing views of Indian title. Specifically, it contrasts the “limited owner” view of Indian title, under which Indian tribes retained nearly all of their proprietary rights, subject only to …