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Series

2007

Publications

Articles 1 - 30 of 87

Full-Text Articles in Law

Inequitable Noncontribution, Roger Bernhardt Nov 2007

Inequitable Noncontribution, Roger Bernhardt

Publications

This article discusses a California case rejecting a guarantor’s claim of equitable contribution from co-guarantors because they were not at the same level of liability, and also rejecting a subrogation claim because it could be used only against the primary debtor, not other secondary debtors.

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Local Agriculture Perspectives In The Middle Rio Grande Valley, Cecilia Rosacker-Mccord Oct 2007

Local Agriculture Perspectives In The Middle Rio Grande Valley, Cecilia Rosacker-Mccord

Publications

No abstract provided.

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E-Commenting: Pros And Cons, Leslie Rose Oct 2007

E-Commenting: Pros And Cons, Leslie Rose

Publications

No abstract provided.

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Attorneys Fees, Offsets And Priorities, Roger Bernhardt Oct 2007

Attorneys Fees, Offsets And Priorities, Roger Bernhardt

Publications

This article discusses the unpredictability of determining whether the rules of offset or the rules of priorities will prevail in a situation, and goes into the question of whether attorneys’ fees will be given priority over other claims when those fees are contractual and do not relate back. The article concerns a California decision which held that a lis pendens did not give purchasers superpriority over competing liens.

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Landlords And Torts, Roger Bernhardt Oct 2007

Landlords And Torts, Roger Bernhardt

Publications

This article reviews conflicting appellate court decisions where landlords were sued in tort under state statutes that all imposed the same general duty to take care of the property but failed to address what happens when personal injuries follow.

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Ill-Suited To Retail, Myron Moskovitz Oct 2007

Ill-Suited To Retail, Myron Moskovitz

Publications

No abstract provided.

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A Basin-Wide Approach To Water Management In The Middle Rio Grande Valley, Rolf Schmidt-Petersen Aug 2007

A Basin-Wide Approach To Water Management In The Middle Rio Grande Valley, Rolf Schmidt-Petersen

Publications

No abstract provided.

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Reflections On The Last Bar Exam; New Forms Worth Noting (2007), Roger Bernhardt Jul 2007

Reflections On The Last Bar Exam; New Forms Worth Noting (2007), Roger Bernhardt

Publications

The Bar Examiners got rather lazy in their Property question on the last bar exam. Instead of asking a reasonably complex or difficult essay question, they took four little multiple choice hypotheticals and packaged them into one large but utterly unintegrated question, with no connection of any kind between the parts.

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Roots Of The Grassroots: An Introduction To The Issue, Paul Stanton Kibel, Edward J. Lubarsky Jul 2007

Roots Of The Grassroots: An Introduction To The Issue, Paul Stanton Kibel, Edward J. Lubarsky

Publications

No abstract provided.

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Advisory Committee Recommendations - The Utton Center Model Interstate Water Compact, State Bar Center, State Bar Of New Mexico Jun 2007

Advisory Committee Recommendations - The Utton Center Model Interstate Water Compact, State Bar Center, State Bar Of New Mexico

Publications

No abstract provided.

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Model Interstate Water Compact, Ken Knox Jun 2007

Model Interstate Water Compact, Ken Knox

Publications

No abstract provided.

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Attorney Fees And Lien Priorities, Roger Bernhardt May 2007

Attorney Fees And Lien Priorities, Roger Bernhardt

Publications

This article examines a California decision that held that the attorneys fees of a successful purchaser in a specific performance action are subordinate to any liens the seller imposed on the property during the litigation.

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The Exeat Of A Remarkable Man From The Academia: Distinguished Professor Dr. Sompong Sucharitkul: Statesman, Diplomat And Notable Scholar, Christian N. Okeke Apr 2007

The Exeat Of A Remarkable Man From The Academia: Distinguished Professor Dr. Sompong Sucharitkul: Statesman, Diplomat And Notable Scholar, Christian N. Okeke

Publications

No abstract provided.

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From The Reference Desk To River City: A Bibliography Of The Writings Of Robert C. Berring, Frank G. Houdek Apr 2007

From The Reference Desk To River City: A Bibliography Of The Writings Of Robert C. Berring, Frank G. Houdek

Publications

Professor Houdek documents the prolific and eclectic body of work of Robert C. Berring, including the books, chapters, articles, and assorted other materials he has written to date on subjects ranging from law libraries and legal information to legal research instruction and Chinese law and history.

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Staying In Front, Roger Bernhardt Mar 2007

Staying In Front, Roger Bernhardt

Publications

This article examines option to purchase agreements and when the doctrine of relation back applies, with a warning as to the effect of altering the terms of an existing deal.

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Rebuilding The Profession: Recommendations For Librarians Interested In Becoming Academic Law Library Directors, Frank G. Houdek Jan 2007

Rebuilding The Profession: Recommendations For Librarians Interested In Becoming Academic Law Library Directors, Frank G. Houdek

Publications

Based on papers presented at a 2005 workshop for individuals interested in becoming academic law library directors, this article begins by exploring the duties of academic director jobs -- administrative skills and faculty responsibilities -- before examining how to build credentials in preparation for such jobs. It concludes by focusing on the skills and knowledge needed to interview for director jobs.

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Laws Against Bubbles: An Experimental-Asset-Market Approach To Analyzing Financial Regulation, Erik F. Gerding Jan 2007

Laws Against Bubbles: An Experimental-Asset-Market Approach To Analyzing Financial Regulation, Erik F. Gerding

Publications

This article analyzes the effectiveness of proposed and actual securities, financial, and tax laws designed to prevent, or dampen the severity of asset price bubbles, including laws designed to mitigate excessive speculation. The article employs experimental asset market research to measure the effectiveness of these anti-bubble laws in correcting mispricings. Experimental asset markets represent complex simulations of stock markets in which subjects trade securities over a computer network. These markets allow scholars to test causal links between legal policies and market effects in ways that empirical research alone cannot. With these virtual markets, researchers can identify asset price bubbles - …

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Tax Evasion Confusion In The Ninth Circuit, Kimberly Stanley Jan 2007

Tax Evasion Confusion In The Ninth Circuit, Kimberly Stanley

Publications

It is well settled that the crime of tax evasion under IRC §7201 has three fundamental elements. The statute requires the government to prove (1) the existence of a tax deficiency, (2) willfulness in the attempted evasion of taxes, and (3) an affirmative act constituting an evasion or attempted evasion. However, two recent Ninth Circuit tax evasion cases have muddied the waters – resulting in opposite outcomes – and have tax practitioners questioning the court’s reasoning.

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Dubai Ports World Under Exon-Florio: A Threat To National Security Or A Tempest In A Seaport?, Deborah M. Mostaghel Jan 2007

Dubai Ports World Under Exon-Florio: A Threat To National Security Or A Tempest In A Seaport?, Deborah M. Mostaghel

Publications

This Article discusses foreign investment in the United States as background for understanding passage of Exon-Florio in 1988. Part III discusses how Exon-Florio works. Part IV discuses two transactions that prompted calls for revision of Exon-Florio, culminating in the passage of the Byrd Amendment (Byrd). Part V discusses the passing of Byrd in 1993. Byrd's changes remain in effect today. Part VI discusses economic and political concerns as they affect transactions subject to Exon-Florio review. Part VII examines the implications of the CNOOC and DP World transactions. Part VIII concludes that CFIUS review need not be changed. CFIUS must follow …

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Adjudicating Non-Justiciable Rights: Socio-Economic Rights And The South African Constitutional Court, Eric C. Christiansen Jan 2007

Adjudicating Non-Justiciable Rights: Socio-Economic Rights And The South African Constitutional Court, Eric C. Christiansen

Publications

This paper begins with an examination of social rights in the South African constitutional drafting process. Following a review of the traditional arguments against the justiciability of socio-economic rights, it then examines the South African Constitutional Court cases addressing social rights, focusing on four primary cases: the antecedent case Ex parte Chairperson of the Constitutional Assembly: In re Certification of the Constitution of the Republic of South Africa, 1996 and three substantive social rights cases, Thiagraj Soobramoney v Minister of Health, KwaZulu-Natal, Government of Republic of South Africa v Irene Grootboom and Others, and Minister of Health v Treatment Action …

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Contribution Of The Asian-African Legal Consultative Organization To The Codification And Progressive Development Of International Law, Sompong Sucharitkul Jan 2007

Contribution Of The Asian-African Legal Consultative Organization To The Codification And Progressive Development Of International Law, Sompong Sucharitkul

Publications

It is with a sense of delightful nostalgia that the present writer begins to gather his personal recollections of his past association with the Asian-African Legal Consultative Organization (AALCO), an original inter-regional organization, concerned with international legal developments for the AsianAfrican Regions, especially at this juncture as the Regional Organization is preparing to publish a commemorative volume containing essays in international law. The publication is indeed to be welcome. His pleasant recollections of the activities of the inter-regional organization are still so vivid in his fondest memory that a memorable record may be kept and preserved for the benefit of …

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Calculating Exemptions In Bankruptcy: All Points Capital Corp. V Meyer, Roger Bernhardt Jan 2007

Calculating Exemptions In Bankruptcy: All Points Capital Corp. V Meyer, Roger Bernhardt

Publications

This article discusses a bankruptcy case involving 11USC §522(f)’s formula for avoiding judgment liens on properties in which the debtor holds only a partial interest.

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Creditor’S Inability To Set Aside A Judicial Foreclosure Sale Despite Gross Underbidding: Amalgamated Bank V Superior Court (2007), Roger Bernhardt Jan 2007

Creditor’S Inability To Set Aside A Judicial Foreclosure Sale Despite Gross Underbidding: Amalgamated Bank V Superior Court (2007), Roger Bernhardt

Publications

This article discusses a California case where the creditor - who had showed up one minute at its foreclosure sale - was thereafter unable to have it set aside or preserve its lis pendens although the property was sold for $2,000 rather than the $6 million it was worth to a friend of the debtor.

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Foreclosure Trustees And Fiduciary Duties Heritage Oaks Partners V First Am. Title Ins. Co. (2007), Roger Bernhardt Jan 2007

Foreclosure Trustees And Fiduciary Duties Heritage Oaks Partners V First Am. Title Ins. Co. (2007), Roger Bernhardt

Publications

This article discusses a California case holding that the trustee under a deed of trust merely acts as a common agent for the parties and owes no fiduciary obligation to third parties. Later purchasers are expected to discover the trustee’s lack of authority to sell from their own search of the records.

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Indexing The Lis Pendens: Dyer V Martinez, 2007, Roger Bernhardt Jan 2007

Indexing The Lis Pendens: Dyer V Martinez, 2007, Roger Bernhardt

Publications

This article discusses a California case which held that filing of lis pendens with the county recorder does not impart constructive notice until it has been indexed..

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Statutory Equitable Subrogation, Roger Bernhardt Jan 2007

Statutory Equitable Subrogation, Roger Bernhardt

Publications

This article discusses a Wyoming Supreme Court case which refused to accept the Restatement’s position that equitable subrogation ought to be available to refinancers even though they know or have constructive notice of intervening other creditors.

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The Fallen Angel, Roger Bernhardt Jan 2007

The Fallen Angel, Roger Bernhardt

Publications

This article discusses a case where the buyer was defrauded by a real estate broker into purchasing property he could not afford.

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The Statute Of Frauds, Roger Bernhardt Jan 2007

The Statute Of Frauds, Roger Bernhardt

Publications

This article discusses the California Supreme Court case Sterling v. Taylor which held that extrinsic evidence may be admitted to support a claim that the Statute of Frauds has been met. When a writing is not sufficient, the attorney must not only decide whether there is sufficient supporting evidence to get past the Statute of Frauds, but also whether that evidence is sufficiently consistent with the writing.

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Évolution D'Une Notion Nouvelle Le Patrimoine Commun De L'Humanite, Sompong Sucharitkul Jan 2007

Évolution D'Une Notion Nouvelle Le Patrimoine Commun De L'Humanite, Sompong Sucharitkul

Publications

No abstract provided.

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Grasp On Water: A Natural Resource That Eludes Nafta's Notion Of Investment, Paul S. Kibel Jan 2007

Grasp On Water: A Natural Resource That Eludes Nafta's Notion Of Investment, Paul S. Kibel

Publications

This Article begins by outlining the hydrologic and legal restraints to private ownership of water resources. It then details the provisions of NAFTA that pertain to private rights in water, and reports on two highprofile water entitlement cases that have arisen under NAFTA's foreign investor protection regime. The piece concludes by observing that the experience of United States of America (U.S.) federal courts with state water law may provide a jurisprudential template to bring NAFTA into alignment with existing domestic water law and international water treaties.

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