The New Starker: A Nonsimultaneous Exchange Expands Section 1031/ Collateral Estoppel Clarification,
2013
Pepperdine University
The New Starker: A Nonsimultaneous Exchange Expands Section 1031/ Collateral Estoppel Clarification, Robert B. Paysinger
Pepperdine Law Review
The new Starker decision addresses the issue whether a nonsimultaneous exchange qualifies for section 1031 nonrecognition treatment. The Court of Appeals for the Ninth Circuit, in addressing this issue, also had to determine the appropriateness of the collateral estoppel "separable facts" doctrine under the facts in the case. The author provides an in-depth examination of the court's clarification of collateral estoppel and expansion of section 1031. The author, in agreeing with-the decision, welcomes the added flexibility the case lends to the real estate finance field.
Summary Of Sowers V. Forest Hills Subdivision, 129 Nev. Adv. Op. 9,
2013
Nevada Law Journal
Summary Of Sowers V. Forest Hills Subdivision, 129 Nev. Adv. Op. 9, Daniel Nubel
Nevada Supreme Court Summaries
The Court considered whether substantial evidence existed to support the district court’s decision to grant a permanent injunction against the construction of a wind turbine.
Summary Of Building Energetix Corp. V. Ehe, Lp, 129 Nev. Adv. Op. 6,
2013
Nevada Law Journal
Summary Of Building Energetix Corp. V. Ehe, Lp, 129 Nev. Adv. Op. 6, Brittany Llewellyn
Nevada Supreme Court Summaries
Appeal from a district court order granting a deficiency judgment after a nonjudicial foreclosure sale and subsequent reconveyance of property.
Effects Of The New Bankruptcy Code On Creditors With Secured Claims In Residential Real Property,
2013
Pepperdine University
Effects Of The New Bankruptcy Code On Creditors With Secured Claims In Residential Real Property, Richard Mednick
Pepperdine Law Review
The sweeping changes brought about by the Bankruptcy Reform Act of 1978 may have a profound effect on the secured interests of lenders. The rights of a creditor against a debtor, and the procedure that he must follow vary with the chapter of the new Bankruptcy Code under which the debtor files his claim. Richard Mednick, a Judge on the Bankruptcy Court for the Central District of California, explains the procedures required and the interest affected by the most commonly invoked chapters of the new code. Judge Mednick strongly urges that creditors become familiar with these changes, as some new …
Top Leases And The Rule Against Perpetuities,
2013
Pepperdine University
Top Leases And The Rule Against Perpetuities, J. Suzanne Hill
Pepperdine Law Review
The competition for oil and gas leases has resulted in an increase in the use of top leases to secure oil and gas leasehold estates. Top leases which are found to violate the Rule against Perpetuities could result in the loss of millions of dollars to the lessee. The author examines top leasing in light of the Rule against Perpetuities and concludes that absent a savings clause, such leases violate the Rule. A savings clause is proposed which would save an otherwise invalid lease thereby circumventing the harsh application of the Rule.
Keeping Up With The Jonses: Making Sure Your History Is Just As Wrong As Everyone Else's,
2013
University of Maryland Francis King Carey School of Law
Keeping Up With The Jonses: Making Sure Your History Is Just As Wrong As Everyone Else's, Brian Sawers
Michigan Law Review First Impressions
Before Katz v. United States, a search under the Fourth Amendment required a trespass. If there was no trespass on one’s property, then there was no search. In Katz, a 1967 decision, the U.S. Supreme Court abandoned that approach, instead finding a search without a trespass based on the government’s invasion of a “reasonable expectation of privacy.” In Oliver v. United States, the Court found that trespass was not sufficient to create a search. It found no reasonable expectation of privacy in open fields, and thus no search, even though the defendant had erected “No Trespassing” signs around his property …
Of Smart Phone Wars And Software Patents,
2013
Texas A&M University School of Law
Of Smart Phone Wars And Software Patents, Stuart Graham, Saurabh Vishnubhakat
Faculty Scholarship
Among the main criticisms currently confronting the US Patent and Trademark Office are concerns about software patents and what role they play in the web of litigation now proceeding in the smart phone industry. We will examine the evidence on the litigation and the treatment by the Patent Office of patents that include software elements. We present specific empirical evidence regarding the examination by the Patent Office of software patents, their validity, and their role in the smart phone wars. More broadly, this article discusses the competing values at work in the patent system and how the system has dealt …
California Tax Practitioners Beware: Even The Ninth Circuit's I.R.C. Section 1031 Loophole Has Limits,
2013
Pepperdine University
California Tax Practitioners Beware: Even The Ninth Circuit's I.R.C. Section 1031 Loophole Has Limits, Laurel A. Tollman
Pepperdine Law Review
Section 1031 of the Internal Revenue Code provides tax deferred status for like-kind exchanges of investment property. The Deficit Reduction Act of 1984 amends this section to curb the use of the controversial delayed exchange as a tool to suspend tax assessment for an inordinate period of time. California attorneys should beware the fiture structuring of like-kind exchanges;for the amendment revises the lenient procedures for like-kind qualification sanctioned by the permissive Ninth Circuit.
The Federal Antitrust Implications Of Local Rent Control: A Plaintiff's Primer,
2013
Pepperdine University
The Federal Antitrust Implications Of Local Rent Control: A Plaintiff's Primer, Steven G. Churchwell
Pepperdine Law Review
The proliferation of rent control laws in many California cities has led to a furious debate concerning its legal, economic, and social consequences. Leading scholars believe that rent control only exacerbates existing housing shortages and excludes the poor, the minority and the elderly from scarce rental housing. This article sets forth the proposition that the fixing of rent ceilings by a local government violates the federal antitrust laws and can be invalidated in federal court.
The Real Estate Broker's Fiduciary Duties: An Examination Of Current Industry Standards And Practices,
2013
Pepperdine University
The Real Estate Broker's Fiduciary Duties: An Examination Of Current Industry Standards And Practices, William J. Minick Iii, Marlynn A. Parada
Pepperdine Law Review
No abstract provided.
Summary Of City Of Las Vegas V. Cliff Shadows Prof'l Plaza, Llc, 129 Nev. Adv. Op. 2,
2013
Nevada Law Journal
Summary Of City Of Las Vegas V. Cliff Shadows Prof'l Plaza, Llc, 129 Nev. Adv. Op. 2, Brittney Puzey
Nevada Supreme Court Summaries
The Court considered an appeal and cross appeal on issues arising from an eminent domain action brought by Appellant City of Las Vegas to acquire a 40-foot-wide strip of real property from Respondent Cliff Shadows Professional Plaza, LLC.
The Legality Of California Development Fees,
2013
Pepperdine University
The Legality Of California Development Fees, Erik B. Michelsen
Pepperdine Law Review
No abstract provided.
Condominium Associations: Living Under The Due Process Shadow,
2013
Pepperdine University
Condominium Associations: Living Under The Due Process Shadow, Brian L. Weakland
Pepperdine Law Review
No abstract provided.
Easton: The Birth Of Negligence In Real Estate Broker-Purchaser Relationships,
2013
Pepperdine University
Easton: The Birth Of Negligence In Real Estate Broker-Purchaser Relationships, Gilbert A. Partida
Pepperdine Law Review
No abstract provided.
Fear And Loathing On The California Coastline: Are Coastal Commission Property Exactions Constitutional?,
2013
Pepperdine University
Fear And Loathing On The California Coastline: Are Coastal Commission Property Exactions Constitutional?, Mitchell F. Disney
Pepperdine Law Review
No abstract provided.
Kendall V. Ernest Pestana, Inc.: Landlords May Not Unreasonably Withhold Consent To Commercial Lease Assignments,
2013
Pepperdine University
Kendall V. Ernest Pestana, Inc.: Landlords May Not Unreasonably Withhold Consent To Commercial Lease Assignments, Byron R. Lane
Pepperdine Law Review
No abstract provided.
Nollan V. California Coastal Commission: You Can't Always Get What You Want, But Sometimes You Get What You Need,
2013
Pepperdine University
Nollan V. California Coastal Commission: You Can't Always Get What You Want, But Sometimes You Get What You Need, Timothy A. Bittle
Pepperdine Law Review
No abstract provided.
Consumerism And Land Sales ,
2013
Pepperdine University
Consumerism And Land Sales , Leonard Levin
Pepperdine Law Review
No abstract provided.
It's All Mine - Or At Least Part Of It Is: A California Look At Property Apportionment Between The Families Of An Interstate And An Intestate's Predeceased Spouse,
2013
Pepperdine University
It's All Mine - Or At Least Part Of It Is: A California Look At Property Apportionment Between The Families Of An Interstate And An Intestate's Predeceased Spouse, Robert G. Popovich
Pepperdine Law Review
No abstract provided.
Journalists, Trespass, And Officials: Closing The Door On Florida Publishing Co. V. Fletcher ,
2013
Pepperdine University
Journalists, Trespass, And Officials: Closing The Door On Florida Publishing Co. V. Fletcher , Kent R. Middleton
Pepperdine Law Review
No abstract provided.
