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Articles 1 - 30 of 53
Full-Text Articles in Law
Irs Breaks With Tax Court On Deduction Limits, Kimberly Stanley
Irs Breaks With Tax Court On Deduction Limits, Kimberly Stanley
Publications
The deduction of home mortgage interest is one of the most valuable and hotly debated benefits provided in the tax code to individuals. Since 1987, the code has restricted the interest deduction based on the amount of home mortgage debt the taxpayer has incurred, and the reasons for the debt. In a recent ruling, however, the Internal Revenue Service announced it would not follow a court ruling that limited the amount of deductible home mortgage interest — noteworthy because this time the IRS ruled in the taxpayer's favor.
The Pros And Cons Of Gene Patents, Chester S. Chuang, Denys T. Lau
The Pros And Cons Of Gene Patents, Chester S. Chuang, Denys T. Lau
Publications
The debate over human gene patents was recently reignited by New York federal Judge Robert Sweet, when he found isolated human gene sequences unpatentable in Association for Molecular Pathology v. U.S. Patent and Trademark Office , 702 F.Supp.2d 181 (S.D.N.Y. 2010). An appeal of the decision is pending, and in October, the U.S. Department of Justice filed an amicus curiae brief in the case arguing that such gene sequences should not be patentable, contradicting long-standing practices of the United States Patent and Trademark Office. Given the potent impact of a possible gene patent ban on gene-based medical therapies and the …
The Pedagogical Gps Of Advocacy Teaching, Wes R. Porter
The Pedagogical Gps Of Advocacy Teaching, Wes R. Porter
Publications
Wes Porter, a professor at Golden Gate University School of law, was inspired by Judge Tina Habas's recent View from the Bench: The Missing Link blog post. His thoughtful and responsive post follows.
The Great Rent Control War, Myron Moskovitz
New Disclosure Duties For Brokers In Short Sales, Roger Bernhardt
New Disclosure Duties For Brokers In Short Sales, Roger Bernhardt
Publications
This article examines the decision in Holmes v. Summer where the court held that a sellers broker “had a duty to disclose . . . liens before the buyers signed . . . [an] agreement.” The article discusses the conflict between the duty of confidentiality and the new duty of disclosure to the other side.
Patenting Human Genes: The Myriad Controversy, Chester S. Chuang, Denys T. Lau
Patenting Human Genes: The Myriad Controversy, Chester S. Chuang, Denys T. Lau
Publications
The controversy over human gene patents was reignited in March 2010 when a US Federal District Court decided that isolated human gene sequences are not patentable. An appeal is pending, although the US Department of justice filed a friend-of-the-court brief in the case in late October, arguing that such gene sequences should not be patentable. Because this case may eventually find its way to the US Supreme Court, the ruling could have significant implications for gene-based medical therapies and for the biotechnology industry overall. It is therefore important to assess both the past and present context of this controversy, taking …
Take This House And Shove It: The Emotional Drivers Of Strategic Default, Brent T. White
Take This House And Shove It: The Emotional Drivers Of Strategic Default, Brent T. White
Publications
No abstract provided.
Initial Case Analysis For Trial Teams, Wes R. Porter
Initial Case Analysis For Trial Teams, Wes R. Porter
Publications
This post is from Wes Porter. Wes teaches trial advocacy, e,;dence and white collar crime at Golden Gate University School of Law in San Francisco. If you are involved in coaching trial teams, please take the time to comment on Wes's approach to case analysis.
Abolish Oral Argument?, Myron Moskovitz
How Scary Is "Stop The Beach Renourishment"?, Roger Bernhardt
How Scary Is "Stop The Beach Renourishment"?, Roger Bernhardt
Publications
This article reviews Stop the Beach Renourishment, Inc. v. Florida Dep’t of Envt’l Protection where four Justices announced a judicial decision could, under the right circumstances, by itself constitute a taking of a litigant’s property, and applies that rule to existing California Supreme Court cases on 1) the implied warranty of habitability, 2) running covenants, 3) common enemy surface water, 4) public beach access, and 5) deeds of trust and the one-action rule.
Appointment Process To The Bench Is Not Sacrosanct, Susan Rutberg
Appointment Process To The Bench Is Not Sacrosanct, Susan Rutberg
Publications
No abstract provided.
Will There Be A New Definition Of “Purchase Money”?, Roger Bernhardt, Stephen W. Dyer
Will There Be A New Definition Of “Purchase Money”?, Roger Bernhardt, Stephen W. Dyer
Publications
This article examines SB 1178 and its potential to significantly modify the CCP 580b antideficiency rule..
The Cost Of Free Looks—Ruminations On Steiner V Thexton, Roger Bernhardt
The Cost Of Free Looks—Ruminations On Steiner V Thexton, Roger Bernhardt
Publications
This article examines the the California Supreme Court case Steiner v. Thexton as to illusory promises and critiques the various standard broker forms Realtors Residential Purchase Agreements.
Crooked Originators And Cruel Insurers, Roger Bernhardt
Crooked Originators And Cruel Insurers, Roger Bernhardt
Publications
This article discusses title Insurance & the secondary market & warehoused loans.
Putting Aside The Rule Of Law Myth: Corruption And The Case For Juries In Emerging Democracies, Brent T. White
Putting Aside The Rule Of Law Myth: Corruption And The Case For Juries In Emerging Democracies, Brent T. White
Publications
No abstract provided.
If You Are Unlucky Enough To Be A Judgment Creditor, At Least Do It Judiciously, Roger Bernhardt
If You Are Unlucky Enough To Be A Judgment Creditor, At Least Do It Judiciously, Roger Bernhardt
Publications
This article. highlights the importance of a judgment creditor to record a request for notice of default and to execute on insurance funds before they are paid to the judgment debtor.
Justice Carter’S Role In The Caryl Chessman Cases: Due Process Matters, Susan Rutberg
Justice Carter’S Role In The Caryl Chessman Cases: Due Process Matters, Susan Rutberg
Publications
No abstract provided.
Justice Carter’S Dissent In People V. Gonzales: Protecting Against The “Tyranny Of Totalitarianism”, Rachel A. Van Cleave
Justice Carter’S Dissent In People V. Gonzales: Protecting Against The “Tyranny Of Totalitarianism”, Rachel A. Van Cleave
Publications
People v. Gonzales involved an issue that continues to divide lawyers, judges, scholars, politicians, as well as the general public: how best to protect individuals from law enforcement conduct that violates constitutional protections? This question is particularly controversial in the context of a criminal case, since the exclusion of illegally obtained evidence often results in the alleged criminal going free. In Gonzales, the California Supreme Court was asked to adopt the exclusionary rule as a remedy for violations of constitutional rights. A majority of California Supreme Court justices answered this in the negative. Justice Carter disagreed, and his analysis provided …
Justice Carter’S Dissent In People V. Crooker: An Early Step Towards Miranda Warnings And The Expansion Of The Fifth Amendment To Pre-Trial Confessions, Helen Y. Chang
Publications
By the middle of the 20th century, police interrogation of criminal suspects had developed into a fine art designed to extract confessions. The use of the “third degree,” otherwise known as the infliction of physical or mental suffering, was not uncommon. “[T]he most frequently utilized interrogation techniques have involved mental and psychological stratagems—trickery, deceit, deception, cajolery, subterfuge, chicanery, wheedling, false pretenses of sympathy, and various other artifices and ploys.” As the United States Supreme Court noted in its famous Miranda v. Arizona decision, this type of police interrogation involved “inherent compulsion,” was “inherently coercive,” “exact[ed] a heavy toll on individual …
Justice Jesse Carter’S Passionate Defense Of Workers’ Rights: Challenging The Majority’S “Legal Legerdemain”, Marci Seville
Justice Jesse Carter’S Passionate Defense Of Workers’ Rights: Challenging The Majority’S “Legal Legerdemain”, Marci Seville
Publications
In two 1953 decisions, Mercer-Fraser Company v. Industrial Accident Commission and Hawaiian Pineapple Company Ltd v. Industrial Accident Commission, the California Supreme Court considered the proper interpretation of Labor Code section 4553, a provision in the workers’ compensation system that allows for an additional monetary award when an employee is injured because of an employer’s “serious and willful misconduct.” The Court gave a restrictive reading to the Labor Code and annulled decisions of the California Industrial Accident Commission that had found serious and willful misconduct by the respective employers. In doing so, the Court departed from its earlier and more …
Justice Carter, Contributory Negligence And Wrongful Death: A Call To Get Rid Of A “Bad Law With Bad Results”, Michael A. Zamperini
Justice Carter, Contributory Negligence And Wrongful Death: A Call To Get Rid Of A “Bad Law With Bad Results”, Michael A. Zamperini
Publications
No abstract provided.
Payroll Guarantee Association, Inc. V. The Board Of Education Of The San Francisco Unified School District: Denying Hecklers The Right To Veto Unpopular Speech, David Zizmor, Clifford Rechtschaffen
Payroll Guarantee Association, Inc. V. The Board Of Education Of The San Francisco Unified School District: Denying Hecklers The Right To Veto Unpopular Speech, David Zizmor, Clifford Rechtschaffen
Publications
Payroll Guarantee Association, Inc. v. The Board of Education of the San Francisco Unified School District dealt with a difficult balancing question in First Amendment jurisprudence: to what degree are the rights of a speaker espousing unpopular views protected when such speech engenders disruptive protests— protests which themselves constitute a form of speech? Are the free speech rights of the unpopular speaker paramount? Do opponents have the right to protest such speech to the point at which the protests are so disturbing that the speech cannot go forward, in effect giving opponents a “heckler’s veto?”
“The Hysteria Of Our Times”: Loyalty Oaths In California, Marc Stickgold
“The Hysteria Of Our Times”: Loyalty Oaths In California, Marc Stickgold
Publications
In the years following World War II, the United States government, as well as many of the states, including California, enacted an almost endless stream of laws designed to weed out, isolate, sanction, and punish anyone thought to share any ideas or associations that could be labeled subversive. This historical period, called the “American inquisition,” saw the enactment and enforcement of a wide variety of laws meant to accomplish these purposes. People were subject to criminal prosecution for their beliefs, associations or advocacy; denial of, or discharge from, employment; denial of government benefits or licenses; and exclusion from publicly funded …
Kurlan V. Cbs: Justice Carter’S Prescient Dissent— A Glimpse Into The Future Of Copyright Protection In The Entertainment Industry, Marc H. Greenberg
Kurlan V. Cbs: Justice Carter’S Prescient Dissent— A Glimpse Into The Future Of Copyright Protection In The Entertainment Industry, Marc H. Greenberg
Publications
A scholar of intellectual property law quickly learns that complacency, and the privilege of working in a largely static and unchanging body of law, is not a benefit available to those who labor in this endlessly fascinating but fast-paced and always changing field. The 1953 decision of the California Supreme Court in Kurlan v. CBS (hereinafter “Kurlan”), provides yet another example of this principle. Many of the assumptions found in the majority decision have long been abandoned or substantially revised. Justice Carter’s dissent, however, contains the seeds of those revisions, and is prescient in its understanding of the need to: …
The Plight Of The Derivative Plaintiff: Justice Carter’S Dissent In Hogan V. Ingold, Michele Benedetto Neitz
The Plight Of The Derivative Plaintiff: Justice Carter’S Dissent In Hogan V. Ingold, Michele Benedetto Neitz
Publications
Written over fifty years ago, Justice Carter’s Hogan dissent championed the rights of individuals with corporate investments to sue dishonest corporate officials through derivative lawsuits. His emphasis on justice and fairness for shareholders established Justice Carter as a visionary in the area of corporate ethics. Unfortunately, as the scandals of the modern era have demonstrated, many of Justice Carter’s concerns for shareholders remain justified.
Carter’S Dissent In Simpson V. City Of Los Angeles: A Precursor To The Animal Rights Movement, Janice E. Kosel
Carter’S Dissent In Simpson V. City Of Los Angeles: A Precursor To The Animal Rights Movement, Janice E. Kosel
Publications
In Simpson v. City of Los Angeles, resident taxpayers who owned licensed dogs who had recently gone astray sought to restrain the enforcement of a city ordinance. Los Angeles Municipal Code section 53.11 (h) allowed the city to surrender for medical research dogs that had been impounded for a period of at least five days. Subsection (h) of the ordinance did not contain any provision for notice to the owner of the impounded dog. As a result, plaintiffs contended that the ordinance was invalid because it constituted an unlawful taking of private property.
The Great Dissents Of The Lone Dissenter: Preface And Acknowledgments, David B. Oppenheimer, Allan Brotsky
The Great Dissents Of The Lone Dissenter: Preface And Acknowledgments, David B. Oppenheimer, Allan Brotsky
Publications
No abstract provided.
The International War Crimes (Tribunal) Act, 1973 Of Bangladesh, Zakia Afrin
The International War Crimes (Tribunal) Act, 1973 Of Bangladesh, Zakia Afrin
Publications
Bangladesh earned her independence from Pakistan in 1971 after a bloody war that continued for nine months. By December 16 of 1971, the day Bangladesh declared victory, an estimated 30 million people died and 200,000 women reported sexual violence by the Pakistani Army and their Bengali accomplices. Known as one of the worst genocide in history, the systematic killing of Bengalis included a chilling attempt to exterminate the intellectuals from within Bangladeshi society. A published report claims that by 19 April, 1975 individuals were arrested for war crimes and 752 were convicted. After the assassination of the country’s first Prime …
Examining The Air We Breathe: Epa Should Evaluate Cumulative Impacts When It Promulgates National Ambient Air Quality Standards, Deborah N. Behles
Examining The Air We Breathe: Epa Should Evaluate Cumulative Impacts When It Promulgates National Ambient Air Quality Standards, Deborah N. Behles
Publications
Inhaling air pollutants can lead to a variety of adverse respiratory and cardiovascular health effects. This potential risk for health impacts is likely greater when the mixture of pollutants that exists in ambient air, rather than isolated pollutants, are inhaled. Despite the evidence of potential cumulative impacts, EPA has continued to focus its analysis of health impacts on isolated pollutants instead of the actual mixture we breathe. This article proposes that EPA should evaluate and consider cumulative health impacts when it sets national ambient air quality standards under the Clean Air Act. EPA is considering two pollutants together to determine …
Mortgage Modification: Mabry V Superior Court, 2010, Roger Bernhardt
Mortgage Modification: Mabry V Superior Court, 2010, Roger Bernhardt
Publications
This article discusses a case involving a California lender’s duty to explore options to prevent foreclosure under CC 2923.5 and the inadequate remedies made available to trustors under it..