Megan Dingley | August 12, 2022 | Inside The ALI, Property
Recently, in Moretto Trustee of the Jerome F. Moretto 2006 Trust v. ELK Point Country Club Homeowners Ass’n, Inc., 507 P.3d 199 (Nev. 2022), the Supreme Court of Nevada adopted Restatement of the Law Third, Property (Servitudes) §§ 6.7 and 6.9 “to govern issues...
Norman P. Ho | July 14, 2022 | Property
Below is the abstract for “A Defense of Horizontal Privity in American Property Law,” available for download on SSRN. Under the American common law of property, horizontal privity is required for covenants to run with the land – i.e., for covenants to bind future...
Leslie Kendrick | July 5, 2022 | Property, Torts: Economic Harm
Below is the abstract for “The Perils and Promise of Public Nuisance,” available for download on SSRN. Public nuisance has lived many lives. A centuries-old doctrine defined as “an unreasonable interference with a right common to the general public,” it is currently...
Pauline Toboulidis | June 1, 2022 | Children and the Law, Conflict of Laws, Consumer Contracts, Copyright, Inside The ALI, Policing, Property, Sexual Assault, Student Sexual Misconduct, Torts: Miscellaneous Provisions, Torts: Remedies, Uniform Commercial Code
Last month, ALI membership met at the 2022 Annual Meeting to discuss and vote on 12 ALI project drafts. Below is a list of the projects by date presented to the ALI membership for discussion at the Meeting. Learn more about the actions taken at the Meeting here. All...
Edward W. De Barbieri and Jordan Fruchter | May 27, 2022 | Property
Below is the abstract for “Digitizing the Warrant of Habitability,” available for download on SSRN. The warranty of habitability was touted fifty years ago as a gamechanger in rebalancing power between tenants and landlords. Under the warranty, a residential tenant’s...
Aziz Z. Huq | April 26, 2022 | Property
Below is the abstract for “Property against Legality: Takings after Cedar Point,” available for download on SSRN. The zealous defense of property is closely aligned with the rule of law in the American constitutional tradition. The Takings Clause of the Fifth...
