Law Commons^™

Community Property Reimbursement, Roger Bernhardt

Publications

This article discusses how California community property rules intersect with dissolution and bankruptcy claims, dealing with the effect of a couple making the down payment with funds from one of the spouse’s parents.

Deterrence Vs. Cooperation And The Evolving Theory Of Environmental Enforcement, Clifford Rechtschaffen

Publications

This Article critically examines the assumptions underlying the reform movement, and concludes that we should ease the rush to dismantle traditional, deterrence-based civil enforcement. While some of the underlying critiques of traditional enforcement have merit, they do not demonstrate that a wholesale shift to a primarily cooperative-oriented approach will improve compliance with environmental law. In fact, a deterrence based system of enforcement contains many attributes that are equally if not more essential to achieving compliance. Rather than discarding the current enforcement approach, we should move to a system of environmental enforcement that is grounded in deterrence theory but integrates the …

What I Did On Sabbatical: Returning After 15 Years To My Old Haunts At The Hall Of Justice, Susan Rutberg

Publications

No abstract provided.

Foreclosure Shortfalls, Roger Bernhardt

Publications

This article discusses California cases where buyers successfully sued sellers for fraud, but offsets then entitles the sellers to foreclose.

Fair Value, Roger Bernhardt

Publications

This article deals with California foreclosure, deficiency judgments, postsale redemption and fair value.

Finders Weepers, Roger Bernhardt

Publications

This article analyzes a California decision involving a finder’s fee agreement.

Introduction To The Issue: Metropolitan Vantage Point, Paul Stanton Kibel

Publications

No abstract provided.

Is Attachment Once Again Safe?, Roger Bernhardt

Publications

This article discusses a California statute that authorizes undersecured lenders to obtain prejudgment attachment on their debtor’s other assets in light of the one-action rule.

Thailand: Constitutional Developments Since Amendment No. 5 Of 10 February 1995 To The Constitution Of 9 December 1991, Sompong Sucharitkul

Publications

Pre-publication essay. Later published as a chapter in Gisberg H. Flanz, ed. Constitutions of the Countries of the World (Oceana 1998).

Criminal Law, Rachel A. Van Cleave

Publications

There is no single theme emerging from the variety of cases decided by the Fifth Circuit during this survey period. Nonetheless, the interpretational issues following both the Bailey and Lopez Supreme Court cases illustrate the extent to which some confusion still remains. In addition, it will be interesting to observe whether the inconsistencies in the Branch opinion, discussed in Part I of this article, impact future cases involving more than one defendant.

The Urban Nexus: Open Space, Brownfields And Justice, Paul S. Kibel

Publications

Although it is not too difficult a task to describe the reality of urban decline, it is another task altogether to identify and isolate the underlying trigger of this decline. Many different culprits have been proposed, including racism, capitalism, environmental extremism, postindustrialism, technology, drugs, the media, the automobile, the police, the public school system, too much government regulation, and too little government regulation. Is one of the these issues or entities the true cause? Is there a precise cause and effect explanation for why our cities are now subject to such powerful and destructive economic, environmental, and racial pressures?

These …

Unification Of Private Law And Codification Of International Law, Sompong Sucharitkul

Publications

Unification of private law is principally a task undertaken by the Institute for the Unification of Private Law (UNIDROIT), while the codification and progressive development of international law constitute the dual function of the International Law Commission (ILC). The purpose of this brief essay is to illustrate how in several areas and in more aspects than one, the activities of UNIDROIT and the achievements of the Commission can be found in the same or similar, if not indeed identical, overlapping areas of study.

It is not intended to attempt a comprehensive survey of past performance and experience of the two …

State Constitutional Interpretation And Methodology, Rachel A. Van Cleave

Publications

The question of constitutional theory in state courts often results in a comparative analysis of the state and federal constitutions. Typically where a comparative analysis is used, the purpose is to support the authority of the state court to interpret the state document independently and to justify an interpretation and result that diverge from federal precedent. While this approach may add to the persuasiveness of the opinion, it does little to advance the role of state courts in the dialogue of constitutionalism. The critical tension in state constitutionalism is between the need to persuade critics that the state court is …

Thai Law And Buddhist Law, Sompong Sucharitkul

Publications

The purpose of this Report is to examine the inherent links between Buddhist Law and Thai law, their coexistence, interrelations and mutual influence within the existing legal system and the religious order of Thailand.

Toward A Coherent Theory Of Strict Tort Liability For Trademark Licensors, David Franklyn

Publications

In this Article, I argue that the control tightrope and the general indeterminacy of licensor liability law is neither necessary nor desirable. Once the courts acknowledge that the relevant task is to design a set of flexible vicarious liability rules-rules that account for licensor control and involvement but which do not require proof of agency--constructing a coherent theory of licensor liability should be possible. The challenge is to articulate a set of rules that will impose strict (vicarious) liability on licensors who are not mere passive investors but who exert substantial control over their licensees, and who use the licensing …

State Sovereign Immunity And The Bankruptcy Code (Part One), Karen Gebbia

Publications

This article is the first of a two-part series in which Professor Gebbia-Pinetti considers how the complexities of state sovereign immunity apply to bankruptcy actions. The present article lays the foundation by analyzing the source, scope, and nature of states' immunity from suits filed in federal court to enforce state and federal law. This includes a discussion of traditional sovereign immunity, Eleventh Amendment immunity, abrogation of immunity, and the Supreme Court's decision in Seminole Tribe v. Florida. The second article will consider the extent to which the bankruptcy estate may enforce Bankruptcy Code actions against the states, notwithstanding state sovereign …

State Sovereign Immunity And The Bankruptcy Code (Part Two), Karen Gebbia

Publications

This article is the second of a two-part series in which Professor Gebbia-Pinetti considers how the complexities of state sovereign immunity apply to bankruptcy actions. The first article laid the foundation by analyzing the source, scope, and nature of states' immunity from suits filed in federal, court to enforce state and federal law (Journal of Bankruptcy Law and Practice, September/October 1998). The present article considers the extent to which the bankruptcy estate may enforce Bankruptcy Code actions against the states, notwithstanding state sovereign immunity.