Law Commons^™

(When) Am Imy Borrower’S Keeper? Good Faith And Loan Workouts, Roger Bernhardt

Publications

This article deals with a California case involving alleged predatory lending and analyzes the duty of fair dealing and why lenders prefer an objective reasonableness standard to that of subjective good faith.

Exactions And Takings: San Remo Hotel V San Francisco, 2002, Roger Bernhardt

Publications

This article discusses a California Supreme Court decision which upheld an ordinance imposing the full cost of creating a replacement unit elsewhere on the property owner who wanted to covert a residential unit into a tourist unit.

Landlord Tort Liability: White V Contreras, 2002, Roger Bernhardt

Publications

This article discusses a California case which held a landlord who covenants or undertakes to install a window screen—but fails to do so—may be liable to the tenant’s child who falls out the window.

Liens Reattaching After Foreclosure: Dmc V Downey Sav. & Loan, 2002, Roger Bernhardt

Publications

This article discusses a California case which held that when a former property owner reacquires it after foreclosure with a new purchase money loan, that lien has priority over the previously wiped-out junior lien that reattached to the property.

Nonrefundable Option Payments As Liquidated Damages: Allen V Smith, 2002, Roger Bernhardt

Publications

This article discusses a California case which held a residential purchase agreement labelling the buyer’s deposit as “nonrefundable purchase option” is unenforceable.

Recorded Notices That Are Not Burdens On Title: Elysian Inv. Group V Stewart Title. 2002, Roger Bernhardt

Publications

This article discusses a California case which held that a recorded notice that a residence was “substandard” was neither a defect in, nor a lien or encumbrance on the title under the title insurance policy.

Termination Of Partnership: Crow Irvine #2 V Winthrop Cal. Investors, 2002, Roger Bernhardt

Publications

This article discusses a California case which held that a termination clause in a partnership agreement requiring a good faith belief in irreconcilable difference between partners, is measured by a subjective standard, not an objective standard.

Immunities From Jurisdiction In Contemporary International Law, Sompong Sucharitkul

Publications

All States, large or small, rich or poor, are equal in the eyes of international law. Each State is sovereign and independent. Statehood is vested with the type of sovereignty and independence that is recognized as exclusive and absolute within its territory. It is by reason of this absolute and exclusive sovereignty and this equality of States and their mutual independence, that in certain circumstances, a State is presumed to have consented to waive the exercise of its jurisdiction which is exclusive within its territory in a proceeding in which another State is being proceeded against without its consent. In …

Investment Protection: The Role Of State/Investor Arbitration, Sompong Sucharitkul

Publications

No abstract provided.

Appearing On The Next California Ballot:An Initiative To Ban Information, Clifford Rechtschaffen

Publications

Ward Connerly, author of the divisive Proposition 209 banning affirmative action in California, is at it again. Connerly has authored a new initiative that will be on the ballot in a special election called for October 7, 2003. The official title is the "Classification ofby Race, Ethnicity, Color, or National Origin Initiative" (CRECNO), although voters may have also heard it referred to by the misleading title, "Racial Privacy Initiative." More accurately, as California Lt. Governor Cruz Bustamante has stated, it should be called the "Information Ban Initiative."

The initiative would prevent state and local government agencies from collecting or maintaining …

Notes From The Underground, Vol.2#1, October, 2002

Newsletters

No abstract provided.

Notes From The Underground, Vol.1#3, April, 2002

Newsletters

No abstract provided.

Retaining Generation X'Ers In A Baby Boomer Firm, Rodney O. Fong

Publications

I am going to introduce you to Generation X. Who are they? How do they view the world? What are some of their characteristics? And finally, how does one interact, work with, and retain them?

The Non-Discrimination Principle And Its Effect On The Education Of Roma Children In The Czech Republic, Leslie Burton

Publications

All states ratifying the Convention on the Rights of the Child (CRC) are bound to comply with Article 2, which requires States Parties to respect the rights of all children, without discrimination of any kind. In the Czech Republic, however, there is systematic discrimination against the Roma (also referred to as Gypsies). As a result, Roma children are not getting the education they are ensured under Article 28 of the CRe. The Czech Republic has tried, and continues to try, different methods to resolve the problem and to comply with the CRe. This essay will explore the nature of the …

It's Not Just A Job, It's An Adventure!, Jon H. Sylvester, Anthony J. Pagano

Publications

No abstract provided.

A Rule In Search Of A Reason: An Empirical Reexamination Of Chimel And Belton, Myron Moskovitz

Publications

No abstract provided.

Summary Of Legislation 2001-2002, Assembly Committee On Local Government

California Assembly

No abstract provided.

2001-2002 Bill Summary, Assembly Committee On Judiciary

California Assembly

No abstract provided.

Legislative Summary - 2002, Assembly Veterans Affairs Committee

California Assembly

No abstract provided.

2001-2002 Legislative Summary, Assembly Banking And Finance Committee

California Assembly

No abstract provided.

2001-2002 Legislative Summary, Assembly Committee On Insurance

California Assembly

No abstract provided.

Summary Of Legislation 2001-2002, Assembly Committee On Agriculture

California Assembly

No abstract provided.

Legislative Summary 2002 Session, Assembly Committee On Education

California Assembly

No abstract provided.

2002 Legislative Summary, Assembly Committee On Labor And Employment

California Assembly

No abstract provided.

Summary Of Legislation 2001-2002, Assembly Committee On Transportation

California Assembly

No abstract provided.

2001-2002 Legislative Summary, Assembly Committee On Utilities And Commerce

California Assembly

No abstract provided.

2001-2002 End Of Session Bill Summary, Assembly Committee On Water, Parks And Wildlife

California Assembly

No abstract provided.

Invest For California: Strategic Planning For California's Future Prosperity And Quality Of Life, California Commission On Building For The 21st Century

California Agencies

Shortly after taking office, Governor Gray Davis appointed the independent 48-member Commission on Building for the 21st Century through Executive Order D-4-99. The Governor appointed leaders from across the State representing business, labor, the environment, academics, and the government to provide recommendations to the Governor and other public and private sector leaders to address the State's infrastructure challenges over the next 20 years.

This document is the final report of' the Commission. It is intended to communicate the most important messages and findings of the Commission to the Governor, the Legislature, and the citizens of California. It distills the results …

Postconviction Dna Testing: Recommendations For Retention, Storage And Disposal Of Biological Evidence, California Attorney General

California Agencies

On January 1, 2001, a new postconviction testing law was enacted in California. This law, which provides a mechanism for inmates to seek postconviction DNA testing of evidence, creates a new safety check on our criminal justice system that will ensure wrongly convicted persons have the ability to prove their innocence through the use of newly developed technology. It is the goal of the Postconviction Testing/Evidence Retention Task Force and the California law enforcement community to offer full and fair access to postconviction testing for meritorious claims.

Implementation of postconviction testing procedures raises significant questions regarding evidence retention which law …

Hate Crime In California, 2002, California Department Of Justice

California Agencies

No abstract provided.