Law Commons^™

Viewpoint: Post-Feminist Legal Profession? Not So Fast, Drucilla S. Ramey

Publications

Just the other day I had occasion to dine with a group of remarkable women of a certain age who had recently been featured by this newspaper as "Women Leaders in the Law: Blazing the trail for 35-plus years." Right there you knew, of course, that these were women who had stayed the course, who had early and often resisted the siren call of a more conventional path, and who collectively called to mind the rallying cry of an earlier time: "This is what a feminist looks like."

Having individually and together fought their way to the top of their …

No Change In Sight For Sentencing Guidelines, Wes R. Porter

Publications

In the post-Booker era, the commission must reinvent itself to provide a useful tool for the courts in determining punishment, explains Wes Reber Porter of Golden Gate University School of Law.

Future Of The Internet At Stake, Marc Greenberg

Publications

The Stop Online Piracy Act, H.R. 3261, introduced Oct. 26, has generated a firestorm of controversy, with critics assailing it for its chilling effect on the web and the Internet. After deciding to investigate this bill, I waded through piles of critiques, both pro and con. The bill itself, written in 78 mind-numbing pages of dense legislatese, on an initial read-through doesn't contain any "gotcha" terms that immediately support the conclusion of legislative overreach. The ostensible purpose of the bill is to combat the activities of alleged "rogue websites" based outside the U.S., which are engaged in widespread copyright infringement …

The Uncertain Requirement For Recording Assignments Of Deeds Of Trust, Roger Bernhardt

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Analysis of a recent California decision exempting the assignment of a deed of trust from California’s statutory recording requirement on the ground that the act applies only to mortgages.

Maya V. Centex Corp., Roger Bernhardt

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Analysis of a recent Ninth Circuit Decision holding that plaintiffs have alleged sufficient injury for standing purposes in claiming that developers misrepresented the future quality of the neighborhood to them.

More On Mortgage Transfer Mysteries, Roger Bernhardt

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A review of recent federal and state decisions in California involving mortgage transfers.

The Priority Fight Between The Second Mortgagee And The Subrogated Insurance Carrier, Roger Bernhardt

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Analysis of a recent decision holding that the insurance carrier who had paid the first mortgagee had a superior right to the remaining value of the property by virtue of subrogation than did the second mortgagee, even though the second was also insured under the same policy.

Avalon Pacific-Santa Ana, L.P. V Hd Supply Repair & Remodel, Llc (2011), Roger Bernhardt

Publications

Lessor could not recover cost of repair damages for lessee’s breach of maintenance and repair obligations when lease had neither expired nor been terminated. Similarly, when lease will be in effect for extended term, lessor may recover waste damages before lease expiration or termination only on showing of substantial and permanent damage resulting in reduced market value.

Ferguson V. Avelo Mortgage, Llc, Roger Bernhardt

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Ability of secondary market participants to foreclose on transferred mortgages.

Creative Ventures, Llc V Jim Ward & Assocs.: (2011) 195 Ca4th 1430, - Cr3d, Roger Bernhardt

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Analysis of a California decision applying usury sanctions to third party investors.

The Priorities Of Proceeds And Rents, Roger Bernhardt

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Analysis of a Seventh Circuit decision involving priority of claims to rents.

Being Professionally Responsible In Property Transactions, Roger Bernhardt

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Discussion of two cases sanctioning lawyers for improperly 1) going into business with the client, and 2) working with the other side after quitting the case.

Challenges To California Foreclosures Based On Mers Transfers, Roger Bernhardt

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A review of recent California decisions challenging the validity of mortgage transfers through MERS.

Redevelopment Agency V Bnsf Ry. (9th Cir 2011) 643 F3d 668, Roger Bernhardt

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Analysis of a Ninth Circuit involving pollution by a former owner.

Professionalism On Trial, Wes R. Porter

Publications

No abstract provided.

Norm-Referenced Grading In The Age Of Carnegie: Why Criteria-Referenced Grading Is More Consistent With Current Trends In Legal Education And How Legal Writing Can Lead The Way, Leslie Rose

Publications

In the current environment of curricular innovation and the increased focus on assessment methods, the time is ripe to reexamine grading practices. Part I of this Article defines basic grading principles. Part II summarizes the current state of grading in law school generally, and in legal writing specifically. Part III reviews the current trends in legal education and the related criticism of norm-referenced grading policies. Part IV explains why criteria-referenced grading should be adopted in legal writing classes. Part V argues that criteria-referenced grading should be adopted in other courses and responds to the concerns that such a proposal might …

The Carnegie Effect: Elevating Practical Training Over Liberal Education In Curricular Reform, Mark Yates

Publications

The Carnegie Foundation issued its book-length report, Educating Lawyers: Preparation for the Profession of Law (Carnegie Report) in 2007. Although there have been numerous responses to it, relatively few have engaged it with any degree of critical analysis. Law schools across the country have enthusiastically mentioned the Carnegie Report in connection with curricular changes intended to “prepare” students, in the words of the Report, for the practice of law. Mostly these changes amount to adding clinical options or even clinical requirements, adding units to legal writing programs, and updating professional responsibility courses. Very few, if any law schools, however, have …

Helping The Bench Find Justice, Myron Moskovitz

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No abstract provided.

The Eight Intangibles Of Trial Advocacy, Wes R. Porter

Publications

Wes Porter at Golden Gate University School of Law offers the following post in memory of a great teacher of advocacy and pioneer in experiential learning - Bernie Segal.

Viewpoint: Golden Gate Professor Susan Rutberg Remembers Bernie Segal, Susan Rutberg

Publications

Professor Bernard L. Segal, one of the world's great trial lawyers from the old school of silver-tongued orators, and a much beloved law professor, passed away Aug. 12. Bernie, as he was known by everyone he ever met, was my teacher, mentor, colleague and friend for nearly four decades. Although he faced increasingly difficult health problems in recent years, his death was unexpected, and I didn't get to see him before the end. I'm writing this because I didn't have the chance to say goodbye.

Confrontation Clause Again Before High Court, Robert K. Calhoun

Publications

This past term, the U.S. Supreme Court decided the latest in a series of confrontation clause cases that began in 2004 with Crawford v. Washington, 541 U.S. 36. In Bullcoming v. New Mexico, 11 C.D.O.S. 7706, the court held that the confrontation clause does not permit the government to introduce a forensic lab report in a criminal trial through the in-court testimony of an analyst who did not personally perform or observe the test that formed the basis for the report.

Air Pollution & Environmental Inequity In The San Francisco Bay Area, Ken Kloc

Publications

Environmental justice advocates have long been concerned about the health impact of elevated air pollution levels found in disadvantaged communities across the country. Sustained public pressure on this issue has motivated regulators to initiate a variety of programs to better characterize the combined or “cumulative” air pollution exposure in localities with multiple pollution sources. In the last decade, local and state agencies have completed a number of relevant San Francisco Bay Area studies and the results are now being used to develop new pollution control policies. The goal of the present paper is to review this air quality research and …

1st Step: Integrated Trial Advocacy And Evidence Class At Golden Gate University School Of Law, Wes R. Porter

Publications

We all conceive ways to best train future litigators and trial advocates during their time in law school. Two summers ago, I listened intently to some of those ideas at Stetson's Educating Advocates Conference. If we program directors and skills professors ran the law school, we would want to: 1) teach every student the rules of evidence our way; 2) show our students how the rules play out in litigation and at trial while they are learning evidence; 3) afford more of our students the attention, critique, and training that we devote to mock trial competitors; and, 4) maximize our …

Why California Failed To Meet Its Rps Target, Deborah N. Behles

Publications

Congress and states are developing and implementing plans to mitigate the impact of climate change through measures that reduce greenhouse gases. Many of these efforts are focused on the electrical generation industry since approximately 40% of carbon dioxide emissions in the United States are created from burning fossil fuels to generate electricity. To reduce the greenhouse gases produced by the electrical industry sector, many greenhouse reduction plans have required increased generation of electricity through renewable, less-polluting, resources which mandates electric utilities to obtain a percentage of their power from renewable resources. Congress has attempted to follow suit by proposing several …

Fighting For Environmental Justice Takes Long-Lasting Coalitions, Helen Kang

Publications

“It’s official!” read Theresa Mueller’s long-awaited February 2011 e-mail to community activists. A veteran deputy city attorney with the San Francisco City Attorney’s Office, Mueller was referring to a Federal Energy Regulatory Commission decision that finally allowed the Potrero power plant, the second of the two dirtiest fossil fuel power plants in the most polluted area of San Francisco, to close.

Power plants do not typically close. Although power plants are designed to operate for thirty to forty years, most power plants continue to operate long beyond their planned life spans. The last step in a long list of agency, …

Navigating Environmental Regulations, Helen Kang

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When compliance with federal and local laws is at issue, knowing where to look is key to ensuring not running afoul of either, explains Helen Kang of Golden Gate University School of Law.

Improve Your Legal Writing, Christine C. Pagano

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Christine Pagano of Golden Gate University School of Law suggests some helpful resources for attorneys wishing to hone their drafting skills.

Tax Deductions Of Palimony Arrangements, Kimberly Stanley

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Ninth Circuit finds that for a tax deduction, consideration must be evaluated under federal tax law, not state contract law, explains Kimberly Stanley of Golden Gate University School of Law.

A Primer For Teaching Law As An Adjunct Professor, Rachel A. Van Cleave

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After practicing law and perhaps specializing in a particular area for several years, you cannot help but think, "I wish they had taught me [blank] in law school." You start to wonder whether you could teach a class at a local law school. Here are some tips for pursuing such an endeavor.

New Laws Aim To Make State Greener, Deborah N. Behles

Publications

On April 12, Gov. Jerry Brown signed into law the highest renewable portfolio standard in the country. Senate Bill X1 2 requires that 33 percent of energy sold in California come from renewable resources in 2020. Resources that qualify as renewable include energy generated from solar, wind, small hydro and biomass facilities. Renewable requirements such as these are common throughout the country. In fact, the majority of states have enacted similar, although not as stringent, renewable portfolio standards (RPS). Congress has also attempted to follow suit by proposing several different versions of RPS legislation, but thus far has been unable …