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Articles 1 - 30 of 62
Full-Text Articles in Law
Breaking The Mold Of Citizenship: The "Natural" Person As Citizen In Nineteenth-Century America (A Fragment), Elizabeth B. Clark
Breaking The Mold Of Citizenship: The "Natural" Person As Citizen In Nineteenth-Century America (A Fragment), Elizabeth B. Clark
Publications
Mary Wollstronecraft once said, probably with a sigh, "I do earnestly wish to see the distinction of sex confounded in society, unless where love animates the behavior." Two centuries later, many groups in American political life are still caught in the same dilemma: hoping that a just society will take account of an essential characteristic -- race and sex spring to mind -- in ways that will benefit the group, while eschewing the potentially harmful characterizations that lie just on the flip side of the coin.
Willful Drivel, Roger Bernhardt
Willful Drivel, Roger Bernhardt
Publications
This article covers California real estate transactions where “willfulness” determines liability. Six areas are included in the discussion: landlord and tenant relations, landowners, real estate sales, homeowner associations, construction, and loans.
Mediation And Conciliation As Alternative Means Of Settleing International Disputes, Sompong Sucharitkul
Mediation And Conciliation As Alternative Means Of Settleing International Disputes, Sompong Sucharitkul
Publications
An endeavour will be made in this article to present two distinct methods of international dispute settlement, namely, mediation and conciliation. The presentation will be done from an international and comparative standpoint, inevitably retaining an Asian perspective in its global survey. Observations will be concentrated on these two procedures for the resolution of international conflicts. In this chapter, the terms 'dispute' and 'conflict' are used interchangeably. So also are the terms 'settlement' and 'resolution'.
The Quest For Scholarship: The Legal Writing Professor's Paradox, Susan P. Liemer
The Quest For Scholarship: The Legal Writing Professor's Paradox, Susan P. Liemer
Publications
This article explores the many institutionalized obstacles placed in the paths of the legal academy's experts on legal writing when they themselves attempt to write.
The Dangers Of Disrepair, Roger Bernhardt
The Dangers Of Disrepair, Roger Bernhardt
Publications
This article discusses a California case where the landlord was held liable for property damage from a defective electrical system even though the tenants had not paid rent for the past year. The article covers liability in tort or contract, untenantability, attorney fees, and the interaction of the duty to repair and the duty to pay rent.
Leasing And Loaning But Losing Track Of The Difference, Roger Bernhardt
Leasing And Loaning But Losing Track Of The Difference, Roger Bernhardt
Publications
This article discusses a California case where a mistaken assignment of a leasehold could have been avoided had a bank’s lawyers paid more attention to landlord-tenant law than to foreclosure law.
The Inter-Temporal Character Of International And Comparative Law Regarding The Rights Of The Indigenous Populations Of The World, Sompong Sucharitkul
The Inter-Temporal Character Of International And Comparative Law Regarding The Rights Of The Indigenous Populations Of The World, Sompong Sucharitkul
Publications
This report explores ways and means in a selection of comparative legal systems to ensure adequate protection of the rights of indigenous peoples within the territorial confines of national jurisdictions. In most contemporary legal systems, attention has been drawn to the problems of how best to protect and safeguard the various fundamental rights of indigenous peoples of different tribes and denominations, co-existing in a single or multiple legal system. To ensure their survival and continued co-existence, not only their rights, but also their cultures, traditions, ways of life and civilizations, must be preserved intact as distinct but unique social, cultural, …
Issue Editor's Note, Leslie Rose, Stephen J. Perrello
Issue Editor's Note, Leslie Rose, Stephen J. Perrello
Publications
No abstract provided.
Faithful Waste, Roger Bernhardt
Faithful Waste, Roger Bernhardt
Publications
This article discusses the interaction of waste and antideficiency statutes in California as to financial waste. The critical inquiry is whether the waste was done in bad faith.
Nondisclosures By Sellers, Brokers, And Home Inspectors, Roger Bernhardt
Nondisclosures By Sellers, Brokers, And Home Inspectors, Roger Bernhardt
Publications
This article summarizes many issues involved when a real estate buyer believes that someone did not tell them the full story about the condition of property they acquired and they want to sue for those untruths. Areas of discussion include seller, broker, and home inspector intentional and negligent concealment of property defects.
The More Things Change: An Introduction To The Issue, Paul Stanton Kibel
The More Things Change: An Introduction To The Issue, Paul Stanton Kibel
Publications
No abstract provided.
Setting Aside Foreclosure Sales, Roger Bernhardt
Setting Aside Foreclosure Sales, Roger Bernhardt
Publications
This article discusses when a foreclosure sale is complete and insulated from challenges to have it set aside, as well as what are sufficient grounds to stop or set aside a sale.
Arbitration Clauses In Mortgages: Flores V Transamerica Homefirst, 2001, Roger Bernhardt
Arbitration Clauses In Mortgages: Flores V Transamerica Homefirst, 2001, Roger Bernhardt
Publications
This article discusses a California case which held an arbitration clause in a reverse mortgage unenforceable because it was procedurally and substantively unconscionable.
Breach Of Agreement To Negotiate: Vestar Dev. V General Dynamics, 2001, Roger Bernhardt
Breach Of Agreement To Negotiate: Vestar Dev. V General Dynamics, 2001, Roger Bernhardt
Publications
This article discusses a Ninth Circuit case where the court held that in a suit for breach of agreement to negotiate the sale of real property, a prospective buyer cannot seek lost profits because they are too speculative. The Editor discusses the importance of creating an enforceable contract or buying an option.
Community-Funded Improvements To Separate Property: Marriage Of Wolfe, 2001, Roger Bernhardt
Community-Funded Improvements To Separate Property: Marriage Of Wolfe, 2001, Roger Bernhardt
Publications
This article discusses a California case which held that community funded improvements to a spouse’s separate property are not presumed to be a gift and that the community is entitled to reimbursement.
Conspiring To Fix Foreclosure Bidding: Lo V Jensen, 2001, Roger Bernhardt
Conspiring To Fix Foreclosure Bidding: Lo V Jensen, 2001, Roger Bernhardt
Publications
This article discusses a California case which held that a court may set aside a nonjudicial foreclosure sale when two buyers combine to restrain competition and to buy the property at an inadequate price.
Easement Of Necessity: Kellogg V Garcia, 2001, Roger Bernhardt
Easement Of Necessity: Kellogg V Garcia, 2001, Roger Bernhardt
Publications
This article discusses a California case which held that a landlocked parcel acquired an easement of necessity over an adjacent parcel, even if historically the common owner of both parcels was the federal government.
Escrow Agent’S Duty Of Care To Nonparties: Summit Fin. Holdings V Continental Lawyers Title, (2001), Roger Bernhardt
Escrow Agent’S Duty Of Care To Nonparties: Summit Fin. Holdings V Continental Lawyers Title, (2001), Roger Bernhardt
Publications
This article discusses a California case which held that an escrow holder that who the principals’ escrow instructions owes no duty of care to nonparties to the escrow.
Full Credit Bids: First Commercial Mortgage Co. V Reece, 2001, Roger Bernhardt
Full Credit Bids: First Commercial Mortgage Co. V Reece, 2001, Roger Bernhardt
Publications
This article discusses a California case which held that a full credit bid at foreclosure, based on a fraudulent appraisal, does not preclude an action against the appraiser.
Landlord Liability For Assaults On Tenants: Saelzler V Advanced Group, 2001, Roger Bernhardt
Landlord Liability For Assaults On Tenants: Saelzler V Advanced Group, 2001, Roger Bernhardt
Publications
This article discusses a California case which held an assault victim had failed to prove that lack of security at an apartment building resulted in entry of assailants and proximately caused her assault.
Owner Move-In Restrictions: Cwynar V San Francisco, 2001, Roger Bernhardt
Owner Move-In Restrictions: Cwynar V San Francisco, 2001, Roger Bernhardt
Publications
This article discusses a California case which held that a complaint that an ordinance prohibiting property owners from evicting tenants in order to move into their own property states a cause of action for a regulatory taking.
Postponement And Reinstatement Of Trustee Sales: Hicks V E.T. Legg, 2001, Roger Bernhardt
Postponement And Reinstatement Of Trustee Sales: Hicks V E.T. Legg, 2001, Roger Bernhardt
Publications
This article discusses a California case dealing with lender postponement and reinstatement issues prior to a foreclosure sale.
Spousal Reimbursement Rights: Marriage Of Cochran, 2001, Roger Bernhardt
Spousal Reimbursement Rights: Marriage Of Cochran, 2001, Roger Bernhardt
Publications
This article discusses a California case which held that on dissolution of marriage a spouse is entitled to reimbursement for payment of 1) a fee required for family home building permit, and 2) construction loan consideration, both paid from separate property.
Sold Out Juniors On The Same Property: National Enters. V Woods, 2001, Roger Bernhardt
Sold Out Juniors On The Same Property: National Enters. V Woods, 2001, Roger Bernhardt
Publications
This article discusses a California case which held that after a creditor holding senior and junior loans on the same property sells them to independent parties, the one action rule does not bar the sold-out junior’s suit for a deficiency following the senior’s judicial foreclosure.
Takings And The Notice Defense: Palazzolo V Rhode Island, 2001, Roger Bernhardt
Takings And The Notice Defense: Palazzolo V Rhode Island, 2001, Roger Bernhardt
Publications
This article discusses a Supreme Court case which held that a takings claim challenging land use regulation restricting development of property is permissible even though a landowner had notice of the regulation when title was acquired.
The Buyer’S Measure Of Damages For A Seller’S Breach: Reese V Wong, 2001, Roger Bernhardt
The Buyer’S Measure Of Damages For A Seller’S Breach: Reese V Wong, 2001, Roger Bernhardt
Publications
This article discusses a California case which held that the buyer’s measure of damages for a seller’s breach of contract is the difference between the contract price and the fair market value at the time of the breach, not at the time of trial.
The Home Equity Sales Contract Act And Vacant Property: In Re Phelps, 2001, Roger Bernhardt
The Home Equity Sales Contract Act And Vacant Property: In Re Phelps, 2001, Roger Bernhardt
Publications
This article discusses a case which the court held that the California Home Equity Sales Contract Act does not apply when the homeowner does not reside in the home sold.
The Real Estate Recovery Fund: Stewart Title Guar. Co. V Park, 2001, Roger Bernhardt
The Real Estate Recovery Fund: Stewart Title Guar. Co. V Park, 2001, Roger Bernhardt
Publications
This article discusses a California case which held that the protection of California’s Real Estate Recovery Fund was limited to members of the public and did not include title insurance companies”
State Responsibility And International Liability: Recent Developments In The Practice Of States And International Organizations, Sompong Sucharitkul
State Responsibility And International Liability: Recent Developments In The Practice Of States And International Organizations, Sompong Sucharitkul
Publications
This is an essay in honour of Professor Gaetano Arangio-Ruiz, forming part of a collection of studies dedicated to the distinguished international jurist. Published in Studi di diritto internazionale in onore di Geotano Arangio-Ruiz, Editoriale Scientifica, 2004.
When It's Not Apparent: Some Modest Advice To Parent Advocates For Students With Disabilities, Stephen A. Rosenbaum
When It's Not Apparent: Some Modest Advice To Parent Advocates For Students With Disabilities, Stephen A. Rosenbaum
Publications
In this article, I explore ways in which parents of children with disabilities can more effectively participate in educational decisionmaking and oversight. I begin by describing the federal special education statute, the IDEA (Individuals with Disabilities Education Act), as a set of procedural safeguards that are intended to result in meaningful educational benefit. IDEA's cornerstone is the individualized education program (IEP) for each child. The IEP, negotiated between school authorities and the child's family, is often an arduous and stressful process.
I first note the limitations of using litigation against local school districts as a tool to achieve aggregate or …