Law Commons^™

Saving The African Elephant, Leslie Burton

Publications

How to save the African elephant from extinction has been a controversial issue for over two decades. This article will explain why the African elephant is dying out, why it should be saved, and how to save it. Part I describes the elephant's life and habits. Part II explains the causes of the elephant's endangered status. Part III discusses why the elephant should be saved. Part IV explains the policies established by the Convention on International Trade in Endangered Species (CITES). Part V explores avenues for saving the elephant. Part VI offers policy recommendations.

A Newcomer's Introduction To The Internet, Janet Fischer

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A brief guide and introduction to using the internet for legal research.

Op-Ed Piece By Dean Peter Keane, Peter Keane

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No abstract provided.

Roadmapping And Legal Writing, Deborah Nicole Behles, Bradley G. Clary

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No abstract provided.

Confessions And The Right To Counsel: Reflections On Recent Changes In Turkish Criminal Procedure, Robert K. Calhoun

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No abstract provided.

Introduction To The Issue: Fluidity In The Law, Paul Stanton Kibel

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No abstract provided.

Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel

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No abstract provided.

Book Review: The Promise And Peril Of Environmental Justice. By Christopher H. Foreman, Jr., Alan Ramo

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No abstract provided.

Ending The Apartheid Of The Closet: Sexual Orientation In The South African Constitutional Process, Eric C. Christiansen

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This paper will briefly examine the process of creating a new South African Constitution in the 1990s. Nearly a decade of talks preceded the adoption of South Africa's first multi-racial democratic constitution in 1994. These talks and the subsequent drafting conventions created an astonishing document, stunning in its novelty in South African history, in its expressed values, and in its fundamental compromises. Part Three draws on a wide variety of primary documents from disparate sources to offer an original historical reconstruction of the inclusion of sexual orientation protections in the policy documents, Bill of Rights drafts, and constitutional proposals of …

Is There A Doctor In The House? Using Failure-To-Warn Liability To Enhance The Safety Of Online Prescribing, Chester S. Chuang

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This Note argues that manufacturers can satisfy the duty to warn that is owed to consumers who purchase prescription medications from Internet prescribing sites by contractually obligating the websites to implement comprehensive patient information systems. Analyzing these systems under a traditional failure-to-warn liability framework will allow reputable sites to mature into reliable sources of prescription medications for consumers, while cutting off the supply of drugs to fraudulent sites without resorting to increased government regulation. Ideally, this framework wiIl force manufacturers to weigh patients' health and safety with the commercial and practical advantages of Internet prescribing.

Part I of this Note …

Antideficiency Rule Sanctions: In Re Prestige Ltd. Partnership-Concord, 2000, Roger Bernhardt

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This article discusses a decision which held that a secured creditor who sues a debtor’s guarantor instead of foreclosing on security loses its security interest but may still recover the underlying debt in California.

Foreclosing On Multiple Security: Dreyfuss V Union Bank, 2000, Roger Bernhardt

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This article discusses a California Supreme Court case which held that a lender may nonjudicially foreclose on multiple items of collateral without crediting the debtor with the fair market value of each item sold.

Foreclosing On One Of Two Liens On Property: Ostayan V Serrano Reconveyance, 2000, Roger Bernhardt

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This article discusses a California case which held that neither a lender nor a trustee was liable to a purchaser at a foreclosure sale who relied on a third party title report that erroneously described the junior lien being foreclosed as secured by a senior deed of trust.

Landlords’ Duties To Protect Tenants From Crime: Valencia V Michaud, 2000, Roger Bernhardt

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This article discusses a California case which held that a landlord has a duty to take minimally burdensome steps to remove an unauthorized guest from an apartment building if his behavior poses a likelihood of violent crime on the premises.

Nonrefundable Tenant Security Deposits: Kraus V Trinity Mgmt., 2000, Roger Bernhardt

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This article discusses and analyzes a California Supreme Court case which held that restitution is the only monetary remedy for improper security deposits.

Purchase Money Antideficiency Protection: Lawler V Jacobs, 2000, Roger Bernhardt

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This article discusses a California case which held that a buyer is not personally liable after defaulting on a purchase money note secured by a deed of trust on real property, despite an agreement to the contrary, due to the antideficiency protection of CCP §580d.

Severing A Joint Tenancy: Patience V Snyder, 2000, Roger Bernhardt

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This article discusses a California case which held that a document severing a joint tenancy is deemed recorded only when all recording prerequisites have been met.

Tenant Estoppel Certificates: Plaza Freeway V First Mountain Bank, 2000, Roger Bernhardt

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This article discusses a California case which held that a tenant who executes an estoppel certificate is bound by the certificate’s declarations, even if they vary from the original lease terms.

The 3-Month Limitation On Deficiency Claims: Life Sav. Bank V Wilhelm, 2000, Roger Bernhardt

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This article discusses a California case which held that a foreclosing lender’s 3-month time limit for seeking a deficiency judgment is a statute of limitations that cannot be avoided on the ground of excusable neglect.

Interpreting The Bankruptcy Code: An Empirical Study Of The Supreme Court's Bankruptcy Decisions, Karen Gebbia

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The Supreme Court has issued forty-eight bankruptcy decisionsin the two decades since the Bankruptcy Code became law. In at least thirty of these cases, the Supreme Court granted certiorari to mediate conflicts among the circuit courts of appeal.

This article studies the Court's interpretive methods. Studies of lower court bankruptcy decisions might also provide valuable information concerning interpretive method, particularly if such studies examine whether conflicting decisions arise from conflicting interpretive methods, whether appellate courts and bankruptcy courts apply divergent interpretive methods, and whether textual or non-textual decisions are more frequently overruled by higher courts or legislative action.

When Does A Retroactive Decrease In The Frequency Of Parole Reconsideration Hearings Violate The Ex Post Facto Clause?, Rachel A. Van Cleave

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No abstract provided.

Does The Ex Post Facto Clause Bar Texas From Retroactively Limiting The Need For Proof That A Sex-Offense Victim Made An "Outcry"?, Rachel A. Van Cleave

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No abstract provided.

Science Fact Or Science Fiction? The Implications Of Court-Ordered Genetic Testing Under Rule 35, Anthony S. Niedwiecki

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This article proposes an analysis for courts to follow when faced with a Rule 35 motion to compel a party to undergo genetic testing or any other procedure that tests for a specific medical condition.

Part I explains the analysis courts generally conduct for a Rule 35 motion. Generally, courts make a factual inquiry into whether there is a need for the procedure and whether the examinee has placed his or her physical or mental condition in controversy. Rarely have courts examined the risks associated with ordering an examination. When courts do examine the risks, they continue to show a …

Media Violence Tort Cases: Problems Of Causation And The First Amendment, David Franklyn

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Introduction to the Northern Kentucky Law Review Symposium 2000.

Criminal Penalties For Creating A Toxic Environment: Mens Rea, Environmental Criminal Liability Standards, And The Neurotoxicity Hypothesis, Colin Crawford

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Recent research in brain biochemistry examining the likely neurological effects of exposure to toxic contaminants continues to demand legal consideration. In this Article, Professor Crawford evaluates the possible consequences of recent neurobiological studies-labeled "The Neurotoxicity Hypothesis" by researchers-for lawyers and the legal system. After summarizing the research, Professor Crawford suggests that as this (or similar) neurobiological research gains increased scientific acceptance, it will be necessary to reduce dramatically the acceptable levels of these toxic elements that can be discharged into the environment. He then examines the implications of such a result for establishing criminal liability under federal environmental statutes, focusing …

On Writing A Casebook, Myron Moskovitz

Publications

I suppose every law professor, at one time or another, has mused about writing a casebook. "This one I'm using is OK, but...." I have written several casebooks in two different areas of law and for two different publishers. I have also written another law school book for a third publisher. Along the way, I have learned a thing or two. If you are thinking seriously about writing a casebook, you might find these tips useful. In this Article, I will discuss my theory for writing a casebook, how to organize the book and select cases, and how to get …

Competing Visions: Epa And The States Battle For The Future Of Environmental Enforcement, Clifford Rechtschaffen

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First, the Article describes the enforcement approach being advocated by many states. To some, it represents an innovative, superior way to achieve compliance. To others, the states' vision is a pretext for weakening enforcement that will result in more widespread violations by regulated facilities. The Article also examines how EPA has shifted its own enforcement policies in response to state pressures.

Next, the Article discusses what we know empirically about which system works better. There is relatively little evidence about compliance assistance programs, more for deterrence-based approaches. The evidence shows that deterrence-based approaches work, and that in the absence of …

Bank Of America National Trust & Savings Ass'n V. 203 North Lasalle Street Partnership: A Different Interpretation, Karen Gebbia

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The story of 203 North LaSalle Street is archetypical of real estate investments. A real estate investment partnership that had no other significant assets owned a substantial part of the 203 North LaSalle Street building, just as thousands of other real estate partnerships own thousands of other downtown office buildings across the United States. Like hundreds of other single asset real estate partnerships, the 203 North LaSalle Street Partnership fell upon financial hard times and filed a chapter 11 reorganization case to prevent the mortgagee from foreclosing on the building. As in many such cases, the financially decimated partners sought …

A Wrong Turn Crushes Protective Air Regulations: American Trucking Ass'ns V. Epa, Deborah Nicole Behles

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This Comment analyzes whether American Trucking correctly concluded that the NAAQS informal rulemaking procedure, specifically the 1997 PM revision process, lacked an "intelligible principle" in violation of the nondelegation doctrine. Part I outlines the judicially imposed restraints on agency rulemaking and describes the history of the NAAQS revisions, particularly the revised PM standard. Part II describes American Trucking and discusses the reasoning behind the court's challenge to find an "intelligible principle" for the NAAQS revisions. Part III argues that American Trucking erred because the EPA did follow an "intelligible principle" when it promulgated the 1997 revised PM standards. This Comment …

Environmentalism, Human Rights And Indigenous Peoples: A Tale Of Converging And Diverging Interests, S. James Anaya

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No abstract provided.