John Martinez
Professor of Law
Professor Martinez received his J.D. from Columbia University School of Law (1976) and his B.A. from Occidental College (1973). He practiced environmental litigation for several years as a California Deputy Attorney General, served as Legal Counsel to the California Health and Welfare Agency, and was Deputy Director of the California Department of Alcohol and Drug Programs. Professor Martinez joined the S.J. Quinney law faculty in 1984, and served as Associate Dean for Academic Affairs from 1994 through 1998. His scholarly work includes numerous articles and book reviews in property and municipal law. He is the author of Government Takings, a one-volume treatise published by Thomson-West Publishing; Local Government Law, a 4-volume treatise also published by Thomson-West; and State & Local Government Law, a textbook published by Lexis-Nexis Publishing. He is a former General Counsel of the Hispanic National Bar Association. He is also a litigation consultant in his fields of expertise.
Professor Martinez teaches property law, land use regulation, real estate transactions, a takings seminar, and state and local government law. In 2007 he received the Peter W. Billings Excellence in Teaching Award.
Scholarship Highlights
Articles
From Pyramids to Stories: Cognitive Reconstruction of Local Government Authority, (SSRN Working Paper Series)(2012)
Death to Immunity From Service of Process Doctrine!, (SSRN Working Paper Series)(2012)
Losers' Law: A Metatheory for Legal Disappointments, (SSRN Working Paper Series)(2012)
No More Free Easements: Judicial Takings for Private Necessity, 40 Real Est. L.J. 425 (2012)
Getting Back the Public's Money: The Anti-Favoritism Norm in American Property Law, 58 Buffalo Law Review 619 (2010)
A Proposal for Establishing Specialized Federal and State "Takings Courts," 61 Me. L. Rev. 467 (2009)
Wrongful Convictions as Rightful Takings: Protecting "Liberty-Property," 59 Hastings L.J. 515 (2008)
Hurry Up and Wait: Negative Statutes of Limitation in the Government Tort Liability Setting, 19 St. John's J. Legal Comment. 259 (2005)
Rational Legislating, 34 Stetson L. Rev. 547 (2005)
Getting Past The Name-Calling: A Framework for Analyzing Affirmative Action Plans, 16 Utah B. J. 16 (May 2004)
A Prudential Theory for Providing a Forum for Federal Takings Claims, 36 Real Prop. Prob. & Tr. J. 445 (Fall 2001)
Trivializing Diversity: The Problem of Overinclusion in Affirmative Action Programs, 12 Harv. Blackletter L.J. 49 (1995)
Statutes Enacting Takings Law: Flying in the Face of Uncertainty, 26 Urb. Law. 327 (1994)
The Use of Transfer Policies for Achieving Diversity in Law Schools, 14 UCLA Chicano-Latino L. Rev. 139 (1994)
A Cognitive Science Approach to Teaching Property Rights in Body Parts, 42 J. Legal Educ. 290 (1992)
Reconstructing The Takings Doctrine by Redefining Property and Sovereignty, 16 Fordham Urb. L.J. 157 (1988)
Taking Time Seriously: The Federal Constitutional Right to be Free From "Startling" State Court Overrulings, 11 Harv. J.L. & Pub. Pol'y 297 (1988)
Books
Concise Introduction to Property Law (LexisNexis, 2011) (with David L. Callies, J. Gordon Hylton, and Daniel R. Mandelker)
Government Takings (1-volume treatise published by Thomson-Reuters/West)("GOTA" database on WestLaw)
Local Government Law, 2d. ed., 4-volume treatise published by Thomson-Reuters/West ("LOCGOVTLAW" database on WestLaw)
State & Local Government Law - A Transactional Approach (Anderson Publishing Company, 2000)
Works in Progress
LOCAL GOVERNMENT LAW, 4-volume treatise published by Thomson-Reuters/West
2013 Annual Supplement
2013 Revision of Chapter 20 - Education
2013 Revision of Chapter 27 - Tort Liabilities and Immunities
GOVERNMENT TAKINGS, 1-volume treatise published by Thomson-Reuters/West.
2013 Annual Supplement
Article: "Modular Law": From Numerus Clausus to Subprime Mortgages
Annual Summaries of United States Supreme Court decisions in State & Local Government Law, Urb. St. & Loc. L. Newsl. (1989-present)
Weekly Summaries of Utah Supreme Court decisions, Utah Intermountain Com. Rec. (2002-present)
Other Publications
United States Supreme Court Cases in State & Local Government Law, Urb. St. & Loc. L. Newsl. (Annual Reports 1989 to Present)
Summaries of Utah Supreme Court decisions, Utah Intermountain Com. Rec. (2002 to Present)
Litigation
Wintergreen Group, LC v. Utah Department of Transportation, 2007 UT 75, 171 P.3d 418 (landowner against whom direct condemnation action has been filed can bring counterclaim or independent action for inverse condemnation)
Zufelt v. Haste, 2006 UT App 326, 142 P.3d 594 (federal bankruptcy decision avoiding assignment of bankruptee's interest in a corporation did not have collateral estoppel effect on the interest of another shareholder in the corporation)
Parkside Salt Lake Corp. v. Insure-Rite, Inc., 2001 UT App 347, 37 P.3d 1202 (eviction summons held invalid, all trial court orders for landlord reversed, appellate court decides landlord breached lease)
Professional Service
Aldon J. Anderson American Inn of Court, 1998-2003
LSAC Committee on 1993 Annual Meeting
Utah State Bar Committee on Continuing Legal Education, 1992-93
AALS Committee on 1992 Property Conference
AALS Committee on State & Local Government Law, Executive Board, 1990-98
General Counsel, Hispanic National Bar Association, 1988—1989
Utah Supreme Court Advisory Committee on Appellate Procedure, 1987—1991
Centro de La Familia Board of Directors, (community service agency), 1985—1993
Professional Affiliations
American Law Institute (Member since 1990)
Hispanic National Bar Association (General Council 1988-1989)
Centro de La familia (Board of Directors 1985-1993)