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Full-Text Articles in Law

Irs Breaks With Tax Court On Deduction Limits, Kimberly Stanley Dec 2010

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 Dec 2010

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 ...


The Pedagogical Gps Of Advocacy Teaching, Wes R. Porter Dec 2010

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 Dec 2010

The Great Rent Control War, Myron Moskovitz

Publications

No abstract provided.


New Disclosure Duties For Brokers In Short Sales, Roger Bernhardt Nov 2010

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 Nov 2010

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 ...


Initial Case Analysis For Trial Teams, Wes R. Porter Sep 2010

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 Sep 2010

Abolish Oral Argument?, Myron Moskovitz

Publications

No abstract provided.


How Scary Is "Stop The Beach Renourishment"?, Roger Bernhardt Sep 2010

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 Jul 2010

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 Jul 2010

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 May 2010

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.


Crooked Originators And Cruel Insurers, Roger Bernhardt Apr 2010

Crooked Originators And Cruel Insurers, Roger Bernhardt

Publications

This article discusses title Insurance & the secondary market & warehoused loans.


Water Law In The Western United States, Susan Kelly Apr 2010

Water Law In The Western United States, Susan Kelly

Publications

No abstract provided.


If You Are Unlucky Enough To Be A Judgment Creditor, At Least Do It Judiciously, Roger Bernhardt Mar 2010

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.


Status Of New Mexico's Rivers - Existing Data Panel, Stephanie Carman, James Hogan Mar 2010

Status Of New Mexico's Rivers - Existing Data Panel, Stephanie Carman, James Hogan

Publications

No abstract provided.


Some Municipal Programs To Develop And/Or Sustain Living Rivers In New Mexico, Claudia Borchert Mar 2010

Some Municipal Programs To Develop And/Or Sustain Living Rivers In New Mexico, Claudia Borchert

Publications

No abstract provided.


Colorado's Instream Flow Program: History And Current Activities, The Colorado Water Conservation Board Mar 2010

Colorado's Instream Flow Program: History And Current Activities, The Colorado Water Conservation Board

Publications

No abstract provided.


Environmental Flow Issues & Science, Tom Annear Mar 2010

Environmental Flow Issues & Science, Tom Annear

Publications

No abstract provided.


Climate Change, Streamflows, And Water Management Implications In The Upper Rio Grande Watershed, Brian H. Hurd Mar 2010

Climate Change, Streamflows, And Water Management Implications In The Upper Rio Grande Watershed, Brian H. Hurd

Publications

No abstract provided.


Environmental Flows In Elephant Butte Irrigation District, Gary Esslinger Mar 2010

Environmental Flows In Elephant Butte Irrigation District, Gary Esslinger

Publications

No abstract provided.


Environmental Flows Allocation Process In Texas, Kevin Mayes Mar 2010

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 Mar 2010

The E-Flow Challenge In An Acequia Irrigation System With Storage - Environmental Flow Workshop, Harold Trujillo

Publications

No abstract provided.


Riparian Area And Upper Watershed Condition, Mary Steuver Mar 2010

Riparian Area And Upper Watershed Condition, Mary Steuver

Publications

No abstract provided.


Geomorphic Condition And Shallow Aquifers, Shann Stringer Mar 2010

Geomorphic Condition And Shallow Aquifers, Shann Stringer

Publications

No abstract provided.


The International War Crimes (Tribunal) Act, 1973 Of Bangladesh, Zakia Afrin Jan 2010

The International War Crimes (Tribunal) Act, 1973 Of Bangladesh, Zakia Afrin

Publications

Bangladesh earned her independence from Pakistan in 1971 after a bloody war that continued for nine months. By December 16 of 1971, the day Bangladesh declared victory, an estimated 30 million people died and 200,000 women reported sexual violence by the Pakistani Army and their Bengali accomplices. Known as one of the worst genocide in history, the systematic killing of Bengalis included a chilling attempt to exterminate the intellectuals from within Bangladeshi society. A published report claims that by 19 April, 1975 individuals were arrested for war crimes and 752 were convicted. After the assassination of the country’s ...


Payroll Guarantee Association, Inc. V. The Board Of Education Of The San Francisco Unified School District: Denying Hecklers The Right To Veto Unpopular Speech, David Zizmor, Clifford Rechtschaffen Jan 2010

Payroll Guarantee Association, Inc. V. The Board Of Education Of The San Francisco Unified School District: Denying Hecklers The Right To Veto Unpopular Speech, David Zizmor, Clifford Rechtschaffen

Publications

Payroll Guarantee Association, Inc. v. The Board of Education of the San Francisco Unified School District dealt with a difficult balancing question in First Amendment jurisprudence: to what degree are the rights of a speaker espousing unpopular views protected when such speech engenders disruptive protests— protests which themselves constitute a form of speech? Are the free speech rights of the unpopular speaker paramount? Do opponents have the right to protest such speech to the point at which the protests are so disturbing that the speech cannot go forward, in effect giving opponents a “heckler’s veto?”


The Cost Of Defaulting, Roger Bernhardt Jan 2010

The Cost Of Defaulting, Roger Bernhardt

Publications

This article discusses Holbert v. Fremont Inv. & Loan where a homeowner refinanced her home numerous times in the recent [ast amd asks whether she would now be better off to default.


A “Sending Down” Sabbatical: The Benefits Of Lawyering In The Legal Services Trenches, Stephen A. Rosenbaum, Suzanne Rabé Jan 2010

A “Sending Down” Sabbatical: The Benefits Of Lawyering In The Legal Services Trenches, Stephen A. Rosenbaum, Suzanne Rabé

Publications

This article proposes that clinical professors, and legal writing professors in particular, consider practicing law - in real-life, non-clinical settings - during some significant portion of their sabbaticals from teaching. This proposal would (1) improve the learning experience for students in clinics, writing classes, and skills classes, (2) offer a vital public service to the under-represented, and (3) improve the overall administration of justice. At little cost, this proposal would foster a richer engagement by clinicians and legal writing professors with the world of legal practice. This idea could also infuse increased life and meaning into our law school classes. The Carnegie ...


Stephanie Feldman-Aleong: A Legacy Of Love And Loyalty, Anthony S. Niedwiecki Jan 2010

Stephanie Feldman-Aleong: A Legacy Of Love And Loyalty, Anthony S. Niedwiecki

Publications

In memoriam.