Grant S. Nelson

Grant S. Nelson

Professor of Law Emeritus
B.A. University of Minnesota, 1960
J.D. University of Minnesota, 1963
UCLA Faculty Since 1991


Real Estate Transfer, Finance and Development (with Dale A. Whitman, Ann Burkhart, and Wilson Freyermuth). 9th ed. West Academic (2015). Prior editions: 8th, 2009; 7th, 2008; 6th, 2003; 5th, 1998; 4th, 1992; 3rd, 1987; 2nd, 1981; and 1st, 1976. Supplements: 1986; 1983.
Real Estate Finance Law (with Dale A. Whitman, Ann Burkhart, and Wilson Freyermuth). 6th ed. West Academic (2014). Prior editions: Hornbook, 2001; Student edition, 1994; Practitioner’s, 2014 (two volumes); Lawyer’s, 1985; 2nd, 1985; and 1st, 1979.  Supplements (two volumes): 2000; 1989.
Contemporary Property (with Dale A. Whitman, Colleen Medill, and Shelley Saxer). West Academic (2013). Prior editions: 2nd 2002; 1st, 1996. Teacher’s Manual.
Equitable Remedies, Restitution and Damages (with Candace Kovacic-Fleischer and Jean Love). 8th ed. West Academic (2011). Prior editions: 7th, 2007; 6th, 2000; 5th, 1994; 4th, 1986; 3rd, 1980; and 2nd, 1973. Teacher’s Manual.
Land Transactions and Finance (with Dale A. Whitman). 4th ed. St. Paul: West Publishing (2004). Prior editions: 3rd, 1998; 2nd, 1988; and 1st, 1983.

Articles and Chapters

Likely Impact of National Federation on Commerce Clause Jurisprudence (with Robert J. Pushaw Jr.), 40 Pepperdine Law Review 975 (2013). Full Text
Strategic Defaulters versus the Federal Taxpayer: A Brief for the Preemption of State and Anti-Deficiency Law for Residential Mortgages (with Gabe Serbulia), 65 Arkansas Law Review 65 (2013).
Forty-Five Years as a Remedies Teacher: A Retrospective, 57 St. Louis Law Journal 751 (2013).
Confronting the Mortgage Meltdown: A Brief for the Federalization of State Mortgage Foreclosure Law, 37 Pepperdine Law Review 583 (2010). Full Text
The Foreclosure Purchase by the Equity of Redemption Holder or Other Junior Interests: When Should Principles of Fairness Trump Normal Priority Rules?, in 72 Missouri Law Review 1259 (2007).
Adopting Restatement Mortgage Subrogation Principles: Saving Billions of Dollars for Refinancing Homeowners (with Dale Whitman), 2006 Brigham Young University Law Review 305-366 (2006).
Reforming Foreclosure: The Uniform Nonjudicial Foreclosure Act (with Dale Whitman), 53 Duke Law Journal 1399-1514 (2004).
A Commerce Clause Standard for the New Millennium: “Yes” to Broad Congressional Control over Commercial Transactions; “No” to Federal Legislation on Social and Cultural Issues, 55 Arkansas Law Review 1213-51 (2003).
A Critique of the Narrow Interpretation of the Commerce Clause (with Robert J. Pushaw, Jr.), 96 Northwestern University Law Review 695-719 (2002).
Protection of Property, in Common Law, Common Values, Common Rights: Essays on Our Common Heritage by Distinguished British and American Authors (Chicago: American Bar Association, 2000).
Rethinking the Commerce Clause: Applying First Principles to Uphold Federal Commercial Regulations but Preserve State Control over Social Issues (with Robert J. Pushaw, Jr.), 85 Iowa Law Review 1-173 (1999). Abstract
The Contract for Deed as a Mortgage: The Case for the Restatement Approach, 1998 Brigham Young University Law Review 1111-67 (1998).
Tribute. Judge Elwood J. Thomas (with Timothy J. Heinsz, et al.), 61 Missouri Law Review vi-20 (1996).
Rethinking Future Advances Mortgages: A Brief for the Restatement Approach (with Dale A. Whitman), 44 Duke Law Journal 657-703 (1995).
Avoidance of Completed Real Estate Foreclosures in Bankruptcy (with William H. Henning), 41 Journal of the Missouri Bar 285-90 (1985).
Enduring Durrett and the Use of Sec. 547 as an Alternative Method of Avoiding Completed Foreclosure Sales (with William H. Henning), Norton Bankruptcy Law Advisor (Apr. 1985).
The Impact of Mortgagor Bankruptcy on the Real Estate Mortgagee: Current Problems and Some Suggested Solutions, 50 Missouri Law Review 217-57 (1985).
Installment Land Contracts: The National Scene Revisited (with Dale A. Whitman), 1985 Brigham Young University Law Review 1-63 (1985).
Congressional Preemption of Mortgage Due-on-Sale Law: An Analysis of the Garn - St. Germain Act (with Dale A. Whitman), 35 Hastings Law Journal 241-312 (1983).
Deficiency Judgments after Real Estate Foreclosures in Missouri: Some Modest Proposals, 47 Missouri Law Review 151-70 (1982).
Tribute. Joe E. Covington: From the Faculty, 47 Missouri Law Review xxii-xxiii (1982).
Constitutional Problems with Power of Sale Real Estate Foreclosure: A Judicial Dilemma, 43 Missouri Law Review 25-44 (1978).
The Installment Land Contract: A National Overview (with Dale A. Whitman), 2 Brigham Young University Law Review 541-76 (1977).
The Use of Installment Land Contracts in Missouri: Courting Clouds on Titles, 33 Journal of the Missouri Bar 161-68 (1977).
Deed of Trust Foreclosure under Powers of Sale: Constitutional Problems: Legislative Alternatives, 28 Journal of the Missouri Bar 428-37 (1972).
Building Health and Housing Code Inspection in Missouri: A Need for Legislation, 27 Journal of the Missouri Bar 572-78 (1971).
Court-Martial Jurisdiction over Servicemen for “Civilian” Offenses: An Analysis of O’Callahan v. Parker (with James E. Westbrook), Minnesota Law Review 1-65 (1969).
Purchase-Money Resulting Trusts in Land in Missouri, 33 Missouri Law Review 552-607 (1968).
The Need for Clarification in Military Habeas Corpus (with Lewis R. Katz), 27 Ohio State Law Journal 193-218 (1966).
Comment: The Effect of State Statutes on the Civil Rights of Convicts, 47 Minnesota Law Review 835-52 (1963).
Casenote: Accord and Satisfaction: Creditor’s Acceptance of Part Payment, 47 Minnesota Law Review 255-59 (1962).
Casenote: Infant Donee Beneficiary: Rescission of Executory Contract, 47 Minnesota Law Review 259-62 (1962).
Casenote: Release Agreements: Vacating for Mistake or Improvidence, 47 Minnesota Law Review 262-66 (1962).
Casenote: Evidence Obtained Through a Private Unreasonable Search and Seizure Inadmissible in a Civil Action, 46 Minnesota Law Review 1119-26 (1962).


Reporter (with Dale A. Whitman), Restatement of the Law of Property, Third: Security (Mortgages): Tentative Draft No. 4. Philadelphia: American Law Institute (1995). Prior drafts: Tentative Draft No. 3, 1994; Tentative Draft No. 2, 1992; and Tentative Draft No. 1, 1991.
Book Review, 67 American Bar Association Journal 886-90 (1981). Reviewing A Lawyer Looks at the ERA, by Rex E. Lee.
Special Education Placement: The Federal Constitution and Its Implications, in The Legal and Educational Consequences of the Intelligence Testing Movement: Handicapped Children and Minority Group Children (edited by Grant S. Nelson, et al., Univ. of Missouri Press, 1972). (Proceedings of the Missouri Conference on Socio-Legal Aspects of Intelligence Testing).
Book Review, 57 Cornell Law Review 137-43 (1971). Reviewing Cases and Materials on Land Financing, by Norman Penny and Richard F. Broude.
Book Review, 23 Journal of Legal Education 369-76 (1971). Reviewing Constitutional Law, by William B. Lockhart, et al.