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Full-Text Articles in Law

Law And Public Policy Support Lockyer's Suit Against Auto Manufacturers For Co2 Emissions, Clifford Rechtschaffen, Sean B. Hecht Dec 2006

Law And Public Policy Support Lockyer's Suit Against Auto Manufacturers For Co2 Emissions, Clifford Rechtschaffen, Sean B. Hecht

Publications

Controversy has followed Attorney General Bill Lockyer’s decision earlier this fall to sue the six largest automakers, alleging that car emissions constitute a public nuisance because they contribute to global warming. Some even have dismissed the lawsuit as election year grandstanding. To the contrary, the Attorney General should be applauded for creatively using a venerable legal tool to protect California’s environment and to plug a gaping hole left by federal failures in this area.


The Suborned Subescrow, Roger Bernhardt Nov 2006

The Suborned Subescrow, Roger Bernhardt

Publications

This article examines a case involving subescrows, popular in southern California. They are not the same as true escrows, but their role if often blurred.


When Neither Party Will Fix The Roof, Roger Bernhardt Oct 2006

When Neither Party Will Fix The Roof, Roger Bernhardt

Publications

This article discusses the conflict that arises in commercial property where neither tenant nor landlord has a duty to repair: the landlord may not evict and the tenant may not quit. The tenant may ultimately be held responsible for the repair under the duty to avoid waste.


Misindexed Documents, Roger Bernhardt Oct 2006

Misindexed Documents, Roger Bernhardt

Publications

No abstract provided.


Property Lessons In August Wilson's The Piano Lesson And The Wake Of Hurricane Katrina, Rachel A. Van Cleave Oct 2006

Property Lessons In August Wilson's The Piano Lesson And The Wake Of Hurricane Katrina, Rachel A. Van Cleave

Publications

No abstract provided.


Misindexed Documents, Roger Bernhardt Oct 2006

Misindexed Documents, Roger Bernhardt

Publications

This article discusses the absurdity of the majority rule holding that misindexed documents nevertheless give constructive notice.


United States Migration Law: Essentials For Comparison, Christian N. Okeke, James A.R. Nafziger Oct 2006

United States Migration Law: Essentials For Comparison, Christian N. Okeke, James A.R. Nafziger

Publications

The immigration and nationality law of the United States is complex. It is more the product of historical experience than logical design. In one memorable, often-quoted simile, the law bears "a striking resemblance" to "King Minos's labyrinth in ancient Crete." Perhaps only the internal revenue (tax) code and its voluminous regulations are more intricate. Given this complexity, we can only summarize United States migration law. The purpose of this article, as part of a transnational dialogue, is to locate the migration law of the United States within the framework of international migration law and to highlight the essential features ...


Liability And Responsibility Of The State Of Registration Or The Flag State In Respect Of Sea-Going Vessels, Aircraft And Spacecraft Registered By National Registration Authorities, Sompong Sucharitkul Oct 2006

Liability And Responsibility Of The State Of Registration Or The Flag State In Respect Of Sea-Going Vessels, Aircraft And Spacecraft Registered By National Registration Authorities, Sompong Sucharitkul

Publications

The topic selected for this report forms part of a broader picture: "the Liability of Registration authorities," which embraces a wider scope of enquiry, principally covering an infinite variety of international regulations within comparable national legal orders. Civil liability may require consideration of legal questions for which practical solution may only be found beyond the confines of internal law, in the choice of applicable law as part of private international law, or ultimately in the direct or indirect application of a rule of public international law, as recognized by States and incorporated in negotiated provisions of a Treaty.


Attorneys As Escrow Agents, Roger Bernhardt Sep 2006

Attorneys As Escrow Agents, Roger Bernhardt

Publications

This article details the conflicts of interest that can arise when an attorney representing a buyer also acts as escrow agent for both parties.


The Plight Of The Buyer’S Broker, Roger Bernhardt Jul 2006

The Plight Of The Buyer’S Broker, Roger Bernhardt

Publications

This article examines the commission claims of buyers’ brokers encounter with commissions and the tort for interference with prospective economic advantage.


Uncertain Dangers In Unlawful Detainers, Roger Bernhardt May 2006

Uncertain Dangers In Unlawful Detainers, Roger Bernhardt

Publications

This article discusses the nature of unlawful detainer actions in California and the difficulties they create on tenants’ ability to negotiate with landlords over honest disputes..


Aall History Through The Eyes Of Its Presidents, Frank G. Houdek Apr 2006

Aall History Through The Eyes Of Its Presidents, Frank G. Houdek

Publications

On the occasion of the celebration of AALL's centennial in 2006, Professor Houdek offers a personalized history of the Association by presenting reminiscences of those who have served as its president. Collectively, these stories contribute a unique perspective on the important issues that have confronted AALL as an organization and law librarianship as a profession. They also help explain how these individuals became AALL leaders and what the experience meant to them.


Risky Recitals, Roger Bernhardt Apr 2006

Risky Recitals, Roger Bernhardt

Publications

This article compares judicial foreclosure to nonjudicial trustee sales and the significance of recitals in the trustee’s deed


The Addiction And The Portfolio: An Introduction To The Issue, Paul Stanton Kibel, Ida Martinac Apr 2006

The Addiction And The Portfolio: An Introduction To The Issue, Paul Stanton Kibel, Ida Martinac

Publications

No abstract provided.


Making The Broker Pay When The Deal Goes Bad, Roger Bernhardt Mar 2006

Making The Broker Pay When The Deal Goes Bad, Roger Bernhardt

Publications

This article discusses a California decision holding the broker liable to a buyer for misrepresenting the ability of the sellers to convey good title.


The Continuing Expansive Pressure To Hold Employers Strictly Liable For Supervisory Sexual Extortion: An Alternative Approach Based On Reasonableness, Heather S. Murr Feb 2006

The Continuing Expansive Pressure To Hold Employers Strictly Liable For Supervisory Sexual Extortion: An Alternative Approach Based On Reasonableness, Heather S. Murr

Publications

This Article offers a normative framework for how the current employer liability standards should be applied to sexual extortion claims. It analyzes the realist-formalist dichotomy in the supervisory sexual extortion context and concludes that the formalist approach is more consistent with the current employer liability standards and related policy considerations. The Article then explains how certain courts have incorrectly applied the second prong of the affirmative defense and inappropriately denied liability by failing to consider the avoidable consequences doctrine and related harm-avoidance principles upon which the second prong is based. The Article concludes by offering a framework for how these ...


Will The Environmentalists Find Their Voice?, Clifford Rechtschaffen Jan 2006

Will The Environmentalists Find Their Voice?, Clifford Rechtschaffen

Publications

For U.S. environmentalists, 2005 will be remembered harshly, because it marked the clear and undeniable end of U.S. global environmental leadership. For three decades, the United States was the world's environmental trendsetter. But now leadership comes from the European Union,


Frequently Asked Questions About Aall's First Hundred Years, Frank G. Houdek Jan 2006

Frequently Asked Questions About Aall's First Hundred Years, Frank G. Houdek

Publications

To kick off the yearlong celebration of the centennial of the American Association of Law Libraries in 2006, Professor Houdek answers some basic questions about the history of AALL.


Identity Theft And Foreclosure Surpluses: Ctc Real Estate Servs. V Lepe, 2006, Roger Bernhardt Jan 2006

Identity Theft And Foreclosure Surpluses: Ctc Real Estate Servs. V Lepe, 2006, Roger Bernhardt

Publications

This article discusses a California case which held that an identity theft victim in whose name a mortgage was obtained may recover the undistributed surplus proceeds that remained after its foreclosure sale.


Assigning The Burden Of Proof In Contractual Jury Waiver Challenges: How Valuable Is Your Right To A Jury Trial?, Chester Chuang Jan 2006

Assigning The Burden Of Proof In Contractual Jury Waiver Challenges: How Valuable Is Your Right To A Jury Trial?, Chester Chuang

Publications

Two state supreme courts, California and Georgia, have ruled that pre-dispute contractual jury waivers are not enforceable. Those jurisdictions that permit such waivers use a wide array of “safeguards not typical of commercial law” to protect the constitutional right to jury trial. The multiple safeguards used by courts, and the different ways of applying them led the California Supreme Court to note “the difficulties experienced in other jurisdictions [with respect to pre-dispute jury waivers], where disagreements persist concerning such matters as allocation of the burden of proof when a party resists enforcement of a contractual waiver of jury trial.” These ...


Condo Pet Policies And The Fair Housing Act: Dubois V Association Of Apartment Owners, 2006, Roger Bernhardt Jan 2006

Condo Pet Policies And The Fair Housing Act: Dubois V Association Of Apartment Owners, 2006, Roger Bernhardt

Publications

This article discusses a Ninth Circuit case where plaintiffs unsuccessfully claimed violation of the Fair Housing Act because the homeowners association had never refused to make the requested accommodation.


Equitable Subrogation Award Among Coowners: Kenney V U.S., 2006, Roger Bernhardt Jan 2006

Equitable Subrogation Award Among Coowners: Kenney V U.S., 2006, Roger Bernhardt

Publications

This article discusses a California case which held calculated an equitable subrogation award following sale of a home by crediting all joint tenant’s mortgage payments against net proceeds before dividing the balance into equal shares.


What Happens When The Sky Does Fall In?, Roger Bernhardt Jan 2006

What Happens When The Sky Does Fall In?, Roger Bernhardt

Publications

This article discusses the uncertainty in commercial lease situations where the roof requires complete replacement, and neither party is obliged to do so.


Posting Property And Prescriptive Easements: Aaron V Dunham, 2006, Roger Bernhardt Jan 2006

Posting Property And Prescriptive Easements: Aaron V Dunham, 2006, Roger Bernhardt

Publications

This article discusses a California case which court held that posting of permission-to-pass signs by a lessee, who was not landowner’s authorized agent, was ineffective to stop the neighbor’s prescriptive easement claim.


Belonging: Citizenship And Migration In The European Union And In Germany, Helen E. Hartnell Jan 2006

Belonging: Citizenship And Migration In The European Union And In Germany, Helen E. Hartnell

Publications

This article investigates the evolving notion of belonging through the lens of Germany's new frameworks for nationality/citizenship and migration. Given the quantity of EU activity in the fields under consideration here, European developments are also analyzed, though less for their own sake than for the sake of staking out the parameters within which Germany remains sovereign to act.

Throughout this article, the question of how concrete developments bear on larger questions about belonging will recur. I make two main arguments. First, however welcome Germany's dramatic legal reforms may be, they will not necessarily solve the problems such ...


Lawyers And Learning: A Metacognitive Approach To Legal Education, Anthony S. Niedwiecki Jan 2006

Lawyers And Learning: A Metacognitive Approach To Legal Education, Anthony S. Niedwiecki

Publications

This article will detail the concept of metacognition, how current law school teaching does not teach metacognitive skills, and how legal educators can incorporate metacognitive learning into the law school curriculum to help students better transfer knowledge and skills to the practice of law. Teaching metacognitive skills to law students should focus on explaining learning theory and modeling appropriate planning, monitoring, and evaluating techniques across the curriculum. Part II of this article details how law schools have been slow to integrate and apply learning theory to the law school classroom. Part III details the theory behind metacognition and how it ...


Adverse Possession By Tenants In Common: Preciado V Wilde, 2006, Roger Bernhardt Jan 2006

Adverse Possession By Tenants In Common: Preciado V Wilde, 2006, Roger Bernhardt

Publications

This article discusses a California case which held that a tenant in common’s exclusive use of property was insufficient to establish adverse possession or an ouster.


Book Review: Digital Crime And Forensic Science In Cyberspace, Gary C. Kessler Jan 2006

Book Review: Digital Crime And Forensic Science In Cyberspace, Gary C. Kessler

Publications

This document is Dr. Kessler's review of Digital Crime and Forensic Science in Cyberspace, by P. Kanellis, E. Kiountouzis, N. Kolokotronis, and D. Martakos. Idea Group Publishing, 2006. ISBN: 1-59140-873-3.