Law Commons^™

Making The Broker Pay When The Deal Goes Bad, Roger Bernhardt

Publications

This article discusses a California decision holding the broker liable to a buyer for misrepresenting the ability of the sellers to convey good title.

Golden Gate University School Of Law Presents The 2006 Public Interest Law Foundation Fundraising Auction

Press Releases

No abstract provided.

The Continuing Expansive Pressure To Hold Employers Strictly Liable For Supervisory Sexual Extortion: An Alternative Approach Based On Reasonableness, Heather S. Murr

Publications

This Article offers a normative framework for how the current employer liability standards should be applied to sexual extortion claims. It analyzes the realist-formalist dichotomy in the supervisory sexual extortion context and concludes that the formalist approach is more consistent with the current employer liability standards and related policy considerations. The Article then explains how certain courts have incorrectly applied the second prong of the affirmative defense and inappropriately denied liability by failing to consider the avoidable consequences doctrine and related harm-avoidance principles upon which the second prong is based. The Article concludes by offering a framework for how these …

Racial And Ethnic Health Disparities: A Review Of Selected State Programs, California Research Bureau

California Agencies

No abstract provided.

Golden Gate University School Of Law Presents Public Lecture On Chicano Movement By Legal Historian Ian Haney Lopez, Jill Goetz

Press Releases

No abstract provided.

Report On California Passenger Rail: Troubled Tracks - Commuter Rail Shortcomings, Assembly Special Committee On Rail Safety

California Assembly

No abstract provided.

Will The Environmentalists Find Their Voice?, Clifford Rechtschaffen

Publications

For U.S. environmentalists, 2005 will be remembered harshly, because it marked the clear and undeniable end of U.S. global environmental leadership. For three decades, the United States was the world's environmental trendsetter. But now leadership comes from the European Union,

New Faculty & Faculty Publications, 200-2006, Golden Gate University School Of Law

Articles About Faculty

No abstract provided.

Belonging: Citizenship And Migration In The European Union And In Germany, Helen E. Hartnell

Publications

This article investigates the evolving notion of belonging through the lens of Germany's new frameworks for nationality/citizenship and migration. Given the quantity of EU activity in the fields under consideration here, European developments are also analyzed, though less for their own sake than for the sake of staking out the parameters within which Germany remains sovereign to act.

Throughout this article, the question of how concrete developments bear on larger questions about belonging will recur. I make two main arguments. First, however welcome Germany's dramatic legal reforms may be, they will not necessarily solve the problems such legislation was intended …

Adverse Possession By Tenants In Common: Preciado V Wilde, 2006, Roger Bernhardt

Publications

This article discusses a California case which held that a tenant in common’s exclusive use of property was insufficient to establish adverse possession or an ouster.

Condo Pet Policies And The Fair Housing Act: Dubois V Association Of Apartment Owners, 2006, Roger Bernhardt

Publications

This article discusses a Ninth Circuit case where plaintiffs unsuccessfully claimed violation of the Fair Housing Act because the homeowners association had never refused to make the requested accommodation.

Equitable Subrogation Award Among Coowners: Kenney V U.S., 2006, Roger Bernhardt

Publications

This article discusses a California case which held calculated an equitable subrogation award following sale of a home by crediting all joint tenant’s mortgage payments against net proceeds before dividing the balance into equal shares.

Identity Theft And Foreclosure Surpluses: Ctc Real Estate Servs. V Lepe, 2006, Roger Bernhardt

Publications

This article discusses a California case which held that an identity theft victim in whose name a mortgage was obtained may recover the undistributed surplus proceeds that remained after its foreclosure sale.

Posting Property And Prescriptive Easements: Aaron V Dunham, 2006, Roger Bernhardt

Publications

This article discusses a California case which court held that posting of permission-to-pass signs by a lessee, who was not landowner’s authorized agent, was ineffective to stop the neighbor’s prescriptive easement claim.

What Happens When The Sky Does Fall In?, Roger Bernhardt

Publications

This article discusses the uncertainty in commercial lease situations where the roof requires complete replacement, and neither party is obliged to do so.

Assigning The Burden Of Proof In Contractual Jury Waiver Challenges: How Valuable Is Your Right To A Jury Trial?, Chester Chuang

Publications

Two state supreme courts, California and Georgia, have ruled that pre-dispute contractual jury waivers are not enforceable. Those jurisdictions that permit such waivers use a wide array of “safeguards not typical of commercial law” to protect the constitutional right to jury trial. The multiple safeguards used by courts, and the different ways of applying them led the California Supreme Court to note “the difficulties experienced in other jurisdictions [with respect to pre-dispute jury waivers], where disagreements persist concerning such matters as allocation of the burden of proof when a party resists enforcement of a contractual waiver of jury trial.” These …

Lawyers And Learning: A Metacognitive Approach To Legal Education, Anthony S. Niedwiecki

Publications

This article will detail the concept of metacognition, how current law school teaching does not teach metacognitive skills, and how legal educators can incorporate metacognitive learning into the law school curriculum to help students better transfer knowledge and skills to the practice of law. Teaching metacognitive skills to law students should focus on explaining learning theory and modeling appropriate planning, monitoring, and evaluating techniques across the curriculum. Part II of this article details how law schools have been slow to integrate and apply learning theory to the law school classroom. Part III details the theory behind metacognition and how it …

Why A Conference On Redevelopment, And Why Now, Colin Crawford

Publications

When the Center for the Comparative Study of Metropolitan Growth proposed the conference that produced the volume of essays you have in your hand, it was our idea to bring together a diverse group of professionals - environmental and land use lawyers, land use planners and city officials, politicians and engineers to discuss the legal and policy issues concerning "redevelopment." That is, we were concerned, living as we do in the rapidly changing and growing metropolitan area of Atlanta, to focus on the frequently exciting but also often tense and controversial area of redeveloping urban and suburban landscapes in ways …

Protecting Environmentally-Sensitive Areas And Promoting Tourism In The Back Patio Of The United States: Thoughts About Shared Responsibilities In Ecosystem And Biodiversity Protection, Colin Crawford

Publications

If the Dominican Republic is really in our back patio, what role, if any, do we bear in keeping it - as part of a property over which we have some dominion - in order? This article seeks to answer that question and, in the process, to provide some answers. In Part II, it will briefly lay out the urgency of strengthening the Dominican system of environmental protection areas, both for that nation and for the region of which it is a part. Part II thus endeavors to outline the importance of protected areas as the fulcrum of a larger …

Say You're Sorry: Court-Ordered Apologies As A Civil Rights Remedy, Brent T. White

Publications

This Article proposes that civil rights plaintiffs pursuing cases against governmental defendants should be entitled to receive court-ordered apologies as an equitable remedy. Part I discusses the importance of apology in American society and concludes that apology is culturally embedded as an essential component of everyday dispute resolution. Part II provides a brief overview of current legal scholarship in the area of apology, including the lack of such scholarship related to court-ordered apologies as a civil remedy. Part III argues that traditional forms of compensation fail to provide adequate relief to civil rights victims because they neglect psychological, emotional, and …

Notes From The Underground, Vol.5#9, February, 2006

Newsletters

No abstract provided.

Notes From The Underground, Vol.5#8, January, 2006

Newsletters

No abstract provided.

Notes From The Underground, Vol.5#10, March, 2006

Newsletters

No abstract provided.

Notes From The Underground, Vol.5#11, March, 2006

Newsletters

No abstract provided.

Notes From The Underground, Vol.6#4, October, 2006

Newsletters

No abstract provided.

Environmental Law News - Winter 2006

Environmental Law and Justice Clinic

No abstract provided.

2006 Mobilehome Residency Law, Assembly Select Committee On Mobilehomes

California Assembly

Recreational Vehicle Park Occupancy Law and other select laws governing California park residency.

Californla Department Of Child Support Services Strategic Plan, 2006-2009, Department Of Child Support Services

California Agencies

Since the California Department of Child Support Services began operations in 2000, the child support program has evolved from a decentralized system administered by local district attorneys to a statewide program operated by 52 local child support agencies overseen by the state. These changes have strengthened and enhanced our ability to deliver uniform, high quality services to families across California. Continuous improvement in program performance, implementation of federal automation requirements, and enhanced customer service are at the core of our operation. To guide this effort, I am pleased to share with you the California Child Support Services Program 2006-2009 Strategic …

The California Land Conservation (Williamson) Act 2006 Status Report, California Department Of Conservation

California Agencies

No abstract provided.

2006 Annual Report - Clean Air, Bay Area Air Quality Management District

California Agencies

No abstract provided.