Law Commons^™

Report On The Second China-Asean Expo 18-21 October 2005, Nanning, Guangxi, China, Sompong Sucharitkul

Publications

This is a preliminary report on the Second CHINA-ASEAN Free Trade Area (CAFTA, aliter ACFTA for ASEAN-CHINA) Exposition at Nanning in Guangxi Zhuang Autonomous Region, People's Republic of China on 18-21 October 2005. The purpose of this report is to bring to the attention of international business circles, traders and investors alike from within and outside the CAFTA geographical confines new openings and continuing phenomenal growth in business and investment opportunities in the combined ASEAN-CHINA region of East and South-East Asia with a thriving body of 1.85 billion consumers, by far the largest potential single market on earth at any …

A Subdued Year For California Lawmakers: The New California Employment Legislation Effective January 1, 2006, Michele Benedetto Neitz

Publications

This legislative update will address the most significant employment legislation signed and vetoed this year. It will also highlight a significant deadline for employers from last year’s enacted legislation. Finally, this update will describe two relevant propositions rejected by the people of the State of California.

Using Dna To Free The Innocent, Susan Rutberg, Janice Brickley

Publications

No abstract provided.

How We Lost Our Moral Rights And The Door Closed On Non-Economic Values In Copyright, Susan P. Liemer

Publications

When Congress passed the Visual Artists Rights Act ("VARA") in 1990, it introduced into our federal law concepts that had been shut out of Anglo-American intellectual property law for over 200 years. VARA gives visual artists the right of attribution, i.e., the right to have their work properly attributed to them, and the right of integrity, i.e., the right to not have their work altered or destroyed without their permission. While others have studied the history of Anglo-American copyright from the advent of the printing press, they make few references to the type of rights granted by VARA. To fill …

Gone With The Wind, Roger Bernhardt

Publications

This article reviews what landlords can and can’t do when confronted with an abandoned tenant in California, including considerations of CC 1951.2, security deposits and the impact of the CC 1950.7 mandates to return return the unused part of a security deposit—even when the damages may exceed the security deposit.

An Unnatural Disaster: The Aftermath Of Hurricane Katrina, Clifford Rechtschaffen

Publications

This report analyzes key policy decisions, as well as actions and inaction under health, safety, and environmental laws, that could have better protected New Orleans from the effects of Katrina before the hurricane and those that could have improved the emergency response in its wake. In the area of public health, safety, and the environment, the paper explores the implementation of wetlands law and policy, bad decisions regarding the construction and maintenance of the levee system designed to protect New Orleans, pollution prevention and clean-up laws, and energy policy. In the area of emergency response, it reviews policy decisions related …

Viktor, Myron Moskovitz

Publications

No abstract provided.

An Ounce Of Prevention: A Foster Youth's Substantive Due Process Right To Proper Preparation For Emancipation, Michele Benedetto Neitz

Publications

Part I of this article considers the current challenges facing youth preparing to leave foster care. Youth are failing to receive adequate preparation services while still in the custody of the government. Consequently, emancipated youth are disproportionately represented in homeless, unemployed, uneducated, and incarcerated populations. Part II examines the specific constitutional rights of youth in foster care. As persons in a custodial relationship with the government, foster youth have a substantive due process right to be free from physical and emotional harm. This protection includes services and training as required to “meet the basic needs” of a child. Emancipation preparation …

A Just World Under Law: A Just And Peaceful World Under The Rule Of Law, Sompong Sucharitkul

Publications

Presentation given to the Fourteenth Regional Meeting of the American Society of International Law in combination with the Fifteenth Annual Fulbright Symposium at Golden Gate University School of Law.

The Urban Bankside: An Introduction To The Issue, Paul Stanton Kibel

Publications

No abstract provided.

Debacle In Dixie: A Story Of Six Rivers, Three States, Two Compacts And One Well-Paved Path, George William Sherk

Publications

No abstract provided.

Delawate River Basin Compact, Jeffrey Featherstone

Publications

No abstract provided.

Environmental Justice, Clifford Rechtschaffen, Eileen Guana, Catherine A. O'Neill

Publications

This white paper describes briefly the remarkable journey of community-based environmental justice advocates over the last 15 years and their impact on environmental regulation. It will also describe some of the empirical evidence of disparities and the regulatory dynamics that make these inequities an intractable problem, despite the collective efforts of grassroots leaders, environmental justice organizations, public interest law firms, and governmental officials. The paper then focuses on one important set of issues that must be tackled in order to achieve environmental justice: those involving injustice in risk regulation.

A Shallow Fix: The Uniform Environmental Covenants Act Leaves Hard Brownfield Questions Unanswered, Paul Stanton Kibel

Publications

The shortcomings of UECA are on the front end, at the point when state and local environmental agencies decide to approve environmental covenants at a particular site.

Taking Title To Servient Tenements, Roger Bernhardt, Joyce Palomar

Publications

This article addresses how to protect clients who are acquiring property from taking it subject to easements that may not be recorded and may not be evident from the current physical appearance of the property.

Strategic Intellectual Property Litigation, The Right Of Publicity, And The Attenuation Of Free Speech: Lessons From The Schwarzenegger Bobblehead Doll War (And Peace), William T. Gallagher

Publications

The "right of publicity" is an unusual, relatively under-developed, and controversial form of state-law created intellectual property that protects against the unauthorized appropriation of one's likeness, image or identity. Even in California, with its prominent entertainment and celebrity industries, the right of publicity has many vague and uncertain contours and its scope remains undefined In particular, one issue that remains unclear in California (and in most other jurisdictions that recognize rights of publicity) is the proper balance between rights of publicity and First Amendment rights of free speech and expression. This issue was squarely and dramatically raised by the ODM …

Conversational Cross-Examination, Susan Rutberg

Publications

This Article discusses the benefits of the more subtle, conversational style of cross-examination as an alternative to the stereotypical gladiator style of cross-examination.

This article also includes an Appendix of the Laws of Cross-Examination of each state.

The Baby And The Bathwater Too: A Critique Of American Library Ass’N V. U.S., Marc H. Greenberg

Publications

In June 2003, the Supreme Court, in United States v. American Library Ass’n, sent tremors through libraries nationwide when it reversed a finding of the United States District Court (USDC) in Philadelphia that held the Child Internet Protection Act (CIPA) was facially violative of the First Amendment rights of library patrons. Under CIPA, all libraries that accepted federal funding to cover the costs of providing Internet access to their patrons were required to install filtering software programs on their computers to prevent patrons from seeing any material that was obscene or “harmful to minors.” The law was not limited to …

Acceptance Of Payments Reinstates Mortgage: Bank Of America V La Jolla Group, 2005, Roger Bernhardt

Publications

This article discusses a California case which held that a lender’s acceptance of a trustor’s payment curing default on a deed of trust reinstated the trustor’s loan, thus rendering the later nonjudicial foreclosure sale invalid.

Agreements To Indemnify & The Antideficiency Laws: Trust One V Invest Am,. 2005, Roger Bernhardt

Publications

This article discusses a case which held that a mortgage broker’s agreement to indemnify its mortgage banker for any loss following a foreclosure sales was not protected by California’s antideficiency laws.

Compelling Landlords To Evict Drug Dealers: Cook V City Of Buena Park, 2005, Roger Bernhardt

Publications

This article discusses a California case which held that an ordinance requiring the landlord to evict all occupants of a rental unit when the police suspect that any tenant is involved in drug-related activity violated procedural due process.

Experienced Investor As Bfp At Trustee Sales: Melendrez V D & I Inv., 2005, Roger Bernhardt

Publications

This article discusses a California case which held that an experienced investor in foreclosed proprieties who purchased significantly below market value, was nonetheless a bona fide purchaser.

Exculpatory Fairy Tales, Roger Bernhardt

Publications

This article advises attorneys representing landlords in drafting exculpatory clauses in California where an exculpatory clause that does not include the word “negligence” protects a landlord only from liability for passive negligence, not for active negligence. Even a well-written exculpatory clause may not shield the landlord of liability in critical aspects.

Immoral Conduct By Real Estate Brokers: Donaldson V Department Of Real Estate, 2005, Roger Bernhardt

Publications

This article discusses a California case which held that a real estate broker’s license is not subject to revocation because of conviction of unlawful intercourse with a minor.

Ratification Of Sales Agreement Through Other Documents Referring To It: Behniwal V Mix, 2005, Roger Bernhardt

Publications

This article discusses a California case which held that vendors had effectively ratified a purchase agreement signed by their agent because they had signed disclosure statements that sufficiently referred to the agreement.

Statutes Of Limitations And Notices Of Default: Ung V Koehler, 2005, Roger Bernhardt

Publications

This article discusses a California case which held 1) the time within which to exercise power of sale is governed by 10-year and 60-year limits of CC §882.020, and 2) the filing of a notice of default stating the note’s final maturity date does not entitle a beneficiary to a longer time limit.

The Bar Exam (July 2005), Roger Bernhardt

Publications

This brief article criticizes the property essay question on the July 2005 bar exam for concentrating on covenants running with the land, which is a rare occurrence in everyday practice.

Tender By A Worthless Document: Mcelroy V Chase Manhattan Mortgage, 2005, Roger Bernhardt

Publications

This article discusses a California case which held that a debtor’s tender of a document that was worthless on its face did not prevent foreclosure or give rise to a creditor’s obligation to object to the tender.

The Declared Homestead Exemption: Title Trust Deed Serv. Co. V Pearson, 2005, Roger Bernhardt

Publications

This article discusses a California case which held that junior lienors may reach the surplus following a trustee sale without regard to any automatic homestead exemption, although only after the exempt amount has been first set aside for the debtor when there is a declared homestead exemption.

Transmuting Gifts Into Community Property: Marriage Of Weaver, 2005, Roger Bernhardt

Publications

This article discusses a California case which held that a husband’s separate property interest in a gift received during marriage was transmuted into community property with a right of reimbursement when his wife was later added to title along with her husband and his mother.