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Articles 1 - 30 of 110
Full-Text Articles in Law
Irs Breaks With Tax Court On Deduction Limits, Kimberly Stanley
Irs Breaks With Tax Court On Deduction Limits, Kimberly Stanley
Publications
The deduction of home mortgage interest is one of the most valuable and hotly debated benefits provided in the tax code to individuals. Since 1987, the code has restricted the interest deduction based on the amount of home mortgage debt the taxpayer has incurred, and the reasons for the debt. In a recent ruling, however, the Internal Revenue Service announced it would not follow a court ruling that limited the amount of deductible home mortgage interest — noteworthy because this time the IRS ruled in the taxpayer's favor.
The Pros And Cons Of Gene Patents, Chester S. Chuang, Denys T. Lau
The Pros And Cons Of Gene Patents, Chester S. Chuang, Denys T. Lau
Publications
The debate over human gene patents was recently reignited by New York federal Judge Robert Sweet, when he found isolated human gene sequences unpatentable in Association for Molecular Pathology v. U.S. Patent and Trademark Office , 702 F.Supp.2d 181 (S.D.N.Y. 2010). An appeal of the decision is pending, and in October, the U.S. Department of Justice filed an amicus curiae brief in the case arguing that such gene sequences should not be patentable, contradicting long-standing practices of the United States Patent and Trademark Office. Given the potent impact of a possible gene patent ban on gene-based medical therapies and the …
The Pedagogical Gps Of Advocacy Teaching, Wes R. Porter
The Pedagogical Gps Of Advocacy Teaching, Wes R. Porter
Publications
Wes Porter, a professor at Golden Gate University School of law, was inspired by Judge Tina Habas's recent View from the Bench: The Missing Link blog post. His thoughtful and responsive post follows.
The Great Rent Control War, Myron Moskovitz
New Disclosure Duties For Brokers In Short Sales, Roger Bernhardt
New Disclosure Duties For Brokers In Short Sales, Roger Bernhardt
Publications
This article examines the decision in Holmes v. Summer where the court held that a sellers broker “had a duty to disclose . . . liens before the buyers signed . . . [an] agreement.” The article discusses the conflict between the duty of confidentiality and the new duty of disclosure to the other side.
Patenting Human Genes: The Myriad Controversy, Chester S. Chuang, Denys T. Lau
Patenting Human Genes: The Myriad Controversy, Chester S. Chuang, Denys T. Lau
Publications
The controversy over human gene patents was reignited in March 2010 when a US Federal District Court decided that isolated human gene sequences are not patentable. An appeal is pending, although the US Department of justice filed a friend-of-the-court brief in the case in late October, arguing that such gene sequences should not be patentable. Because this case may eventually find its way to the US Supreme Court, the ruling could have significant implications for gene-based medical therapies and for the biotechnology industry overall. It is therefore important to assess both the past and present context of this controversy, taking …
Take This House And Shove It: The Emotional Drivers Of Strategic Default, Brent T. White
Take This House And Shove It: The Emotional Drivers Of Strategic Default, Brent T. White
Publications
No abstract provided.
Initial Case Analysis For Trial Teams, Wes R. Porter
Initial Case Analysis For Trial Teams, Wes R. Porter
Publications
This post is from Wes Porter. Wes teaches trial advocacy, e,;dence and white collar crime at Golden Gate University School of Law in San Francisco. If you are involved in coaching trial teams, please take the time to comment on Wes's approach to case analysis.
Abolish Oral Argument?, Myron Moskovitz
How Scary Is "Stop The Beach Renourishment"?, Roger Bernhardt
How Scary Is "Stop The Beach Renourishment"?, Roger Bernhardt
Publications
This article reviews Stop the Beach Renourishment, Inc. v. Florida Dep’t of Envt’l Protection where four Justices announced a judicial decision could, under the right circumstances, by itself constitute a taking of a litigant’s property, and applies that rule to existing California Supreme Court cases on 1) the implied warranty of habitability, 2) running covenants, 3) common enemy surface water, 4) public beach access, and 5) deeds of trust and the one-action rule.
Appointment Process To The Bench Is Not Sacrosanct, Susan Rutberg
Appointment Process To The Bench Is Not Sacrosanct, Susan Rutberg
Publications
No abstract provided.
Will There Be A New Definition Of “Purchase Money”?, Roger Bernhardt, Stephen W. Dyer
Will There Be A New Definition Of “Purchase Money”?, Roger Bernhardt, Stephen W. Dyer
Publications
This article examines SB 1178 and its potential to significantly modify the CCP 580b antideficiency rule..
The Cost Of Free Looks—Ruminations On Steiner V Thexton, Roger Bernhardt
The Cost Of Free Looks—Ruminations On Steiner V Thexton, Roger Bernhardt
Publications
This article examines the the California Supreme Court case Steiner v. Thexton as to illusory promises and critiques the various standard broker forms Realtors Residential Purchase Agreements.
Water Law In The Western United States, Susan Kelly
Water Law In The Western United States, Susan Kelly
Publications
No abstract provided.
Crooked Originators And Cruel Insurers, Roger Bernhardt
Crooked Originators And Cruel Insurers, Roger Bernhardt
Publications
This article discusses title Insurance & the secondary market & warehoused loans.
Putting Aside The Rule Of Law Myth: Corruption And The Case For Juries In Emerging Democracies, Brent T. White
Putting Aside The Rule Of Law Myth: Corruption And The Case For Juries In Emerging Democracies, Brent T. White
Publications
No abstract provided.
Colorado's Instream Flow Program: History And Current Activities, The Colorado Water Conservation Board
Colorado's Instream Flow Program: History And Current Activities, The Colorado Water Conservation Board
Publications
No abstract provided.
Some Municipal Programs To Develop And/Or Sustain Living Rivers In New Mexico, Claudia Borchert
Some Municipal Programs To Develop And/Or Sustain Living Rivers In New Mexico, Claudia Borchert
Publications
No abstract provided.
Status Of New Mexico's Rivers - Existing Data Panel, Stephanie Carman, James Hogan
Status Of New Mexico's Rivers - Existing Data Panel, Stephanie Carman, James Hogan
Publications
No abstract provided.
Environmental Flow Issues & Science, Tom Annear
Environmental Flows In Elephant Butte Irrigation District, Gary Esslinger
Environmental Flows In Elephant Butte Irrigation District, Gary Esslinger
Publications
No abstract provided.
Climate Change, Streamflows, And Water Management Implications In The Upper Rio Grande Watershed, Brian H. Hurd
Climate Change, Streamflows, And Water Management Implications In The Upper Rio Grande Watershed, Brian H. Hurd
Publications
No abstract provided.
Environmental Flows Allocation Process In Texas, Kevin Mayes
Environmental Flows Allocation Process In Texas, Kevin Mayes
Publications
No abstract provided.
The E-Flow Challenge In An Acequia Irrigation System With Storage - Environmental Flow Workshop, Harold Trujillo
The E-Flow Challenge In An Acequia Irrigation System With Storage - Environmental Flow Workshop, Harold Trujillo
Publications
No abstract provided.
Geomorphic Condition And Shallow Aquifers, Shann Stringer
Geomorphic Condition And Shallow Aquifers, Shann Stringer
Publications
No abstract provided.
Riparian Area And Upper Watershed Condition, Mary Steuver
Riparian Area And Upper Watershed Condition, Mary Steuver
Publications
No abstract provided.
If You Are Unlucky Enough To Be A Judgment Creditor, At Least Do It Judiciously, Roger Bernhardt
If You Are Unlucky Enough To Be A Judgment Creditor, At Least Do It Judiciously, Roger Bernhardt
Publications
This article. highlights the importance of a judgment creditor to record a request for notice of default and to execute on insurance funds before they are paid to the judgment debtor.
Long Lines At Polling Stations? Observations From An Election Day Field Study, Douglas M. Spencer, Zachary S. Markovits
Long Lines At Polling Stations? Observations From An Election Day Field Study, Douglas M. Spencer, Zachary S. Markovits
Publications
This pilot study represents the first systematic attempt to determine how common lines are on Election Day, at what times of day lines are most likely to form, what are the bottlenecks in the voting process, and how long it takes an average citizen to cast his or her ballot. This study highlights the importance of evaluating polling station operations as a three-step process: arrival, check-in, and casting a ballot. We collected data during the 2008 presidential primary election in California, measuring the efficiency of the operational components of 30 polling stations across three counties. We found statistically significant, and …
Nudge, Choice Architecture, And Libertarian Paternalism, Pierre Schlag
Nudge, Choice Architecture, And Libertarian Paternalism, Pierre Schlag
Publications
In Nudge, Cass Sunstein and Richard Thaler describe how public and private institutions can improve on individual choices by nudging individuals into making selections that are right for them. Rejecting the Econ-101 caricature of the rational utility maximizer as inaccurate, Sunstein and Thaler apply the insights of behavioral economics to show how institutions can improve the delivery of services. Moving beyond attempts to remedy individual cognitive errors, Sunstein and Thaler also argue for "libertarian paternalism" - which they herald as the "Third Way." This Review assesses their claims critically, finding their development of "nudge" and "choice architecture" to be …
What Carrier Doesn't Address, Philip J. Weiser