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Full-Text Articles in Law

Breaking The Mold Of Citizenship: The "Natural" Person As Citizen In Nineteenth-Century America (A Fragment), Elizabeth B. Clark Dec 2001

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 Nov 2001

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 Nov 2001

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 Oct 2001

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 Oct 2001

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.


Issue Editor's Note, Leslie Rose, Stephen J. Perrello Jul 2001

Issue Editor's Note, Leslie Rose, Stephen J. Perrello

Publications

No abstract provided.


Leasing And Loaning But Losing Track Of The Difference, Roger Bernhardt Jul 2001

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 Jul 2001

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 ...


Faithful Waste, Roger Bernhardt May 2001

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.


The More Things Change: An Introduction To The Issue, Paul Stanton Kibel Apr 2001

The More Things Change: An Introduction To The Issue, Paul Stanton Kibel

Publications

No abstract provided.


Nondisclosures By Sellers, Brokers, And Home Inspectors, Roger Bernhardt Apr 2001

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.


Setting Aside Foreclosure Sales, Roger Bernhardt Mar 2001

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.


A Survey Of Federal Agency Response To President Clinton's Executive Order No. 12898 On Environmental Justice, Clifford Rechtschaffen Jan 2001

A Survey Of Federal Agency Response To President Clinton's Executive Order No. 12898 On Environmental Justice, Clifford Rechtschaffen

Publications

In an effort to address the well-documented and serious problem of environmental justice in the United States, President William J. Clinton issued Executive Order (EO) No. 128981 on February 11, 1994. The EO represented the culmination of a century of rapid changes in society's attitudes toward the placement of hazardous facilities in poor, disadvantaged, and minority communities, as well as the denial of services to these communities. This survey examines the impact of the EO on federal agencies.


The Paper Tiger Awakens: North American Environmental Law After The Cozumel Reef Case, Paul Stanton Kibel Jan 2001

The Paper Tiger Awakens: North American Environmental Law After The Cozumel Reef Case, Paul Stanton Kibel

Publications

This Article examines the citizen submission process created under the North American Agreement on Environmental Cooperation ("NAAEC"), which, along with the North American Free Trade Agreement ("NAFTA "), was adopted by Canada, Mexico, and the United States in 1993. The Article details the historical evolution of North American environmental law and diplomacy in the hundred years prior to the adoption of NAAEC. It proceeds to analyze the environmental provisions of NAAEC and the citizen submissions that have been filed since NAAEC went into effect, and undertakes an in-depth case study of the citizen submission relating to coral reefs in Cozumel, Mexico ...


The Real Estate Recovery Fund: Stewart Title Guar. Co. V Park, 2001, Roger Bernhardt Jan 2001

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”


Sold Out Juniors On The Same Property: National Enters. V Woods, 2001, Roger Bernhardt Jan 2001

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 Jan 2001

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.


Full Credit Bids: First Commercial Mortgage Co. V Reece, 2001, Roger Bernhardt Jan 2001

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.


When The State Is Silent: An Analysis Of Aedpa's Adjudication Requirement, Brittany Glidden Jan 2001

When The State Is Silent: An Analysis Of Aedpa's Adjudication Requirement, Brittany Glidden

Publications

Note on Bell v. Jarvis (Bell II), 236 F.3d 149 (4th Cir. 2000) (en banc), cert. denied sub nom., Bell v. Beck, 122 S. Ct. 74 (2001).


State Responsibility And International Liability: Recent Developments In The Practice Of States And International Organizations, Sompong Sucharitkul Jan 2001

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 Jan 2001

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 ...


Postponement And Reinstatement Of Trustee Sales: Hicks V E.T. Legg, 2001, Roger Bernhardt Jan 2001

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 Jan 2001

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.


The Buyer’S Measure Of Damages For A Seller’S Breach: Reese V Wong, 2001, Roger Bernhardt Jan 2001

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 Jan 2001

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.


Arbitration Clauses In Mortgages: Flores V Transamerica Homefirst, 2001, Roger Bernhardt Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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.