Law Commons^™

Viewpoint: Time To Abolish The 'Inquisitorial' Grand Jury System, Rachel A. Van Cleave

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The U.S. criminal justice system is long overdue for reform and the best place to start is the institution of the criminal grand jury. This archaic aspect of our system was originally intended to protect individuals suspected of a crime by including people from the community as a check on those with the power of the state to enforce the law. The grand jury no longer serves this purpose and should be abolished.

Letter To The Editor, Rachel A. Van Cleave

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No abstract provided.

Bankruptcy Court Properly Invalidated Transfer Of Mexican Coastal Villa Owned By Debtors, Roger Bernhardt

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No abstract provided.

Homebuyers' Frivolous Claims Against Seller's Listing Agent Warranted Terminating And Monetary Sanctions, Roger Bernhardt

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No abstract provided.

Veterans Lead The Way At Golden Gate Law, Rachel A. Van Cleave

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Learning From The Hope Of Our Veterans, Rachel A. Van Cleave

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I have previously written about the valuable perspective student veterans bring with them to law school and how their experiences and knowledge can enrich classroom discussion about the rule of law and democracy. More recently, I have been impressed with what I am learning about both the training military personnel undergo and their deployment experiences that can teach us all valuable lessons about resilience, grit and perseverance. Veterans also have a lot to teach us about hope. While preparing for combat is not at all the same as preparing to be a lawyer. there are similar mindsets and approaches that …

What Do Those Who Disagree With A Development Agreement Do?, Roger Bernhardt

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No abstract provided.

Borrower's Wrongful Foreclosure Claims Based On An Alleged Failed Attempt To Securitize The Loan, Roger Bernhardt

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Viewpoint: Want To Learn To Think Like A Lawyer? It's 'Elementary'!, Rachel A. Van Cleave

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Legal education is often described as teaching students "how to think like a lawyer." Indeed, most lawyers will agree that law school pedagogy altered their intellectual approach to problems, arguments and analytical challenges. However, most attempts to define the old saw "think like a lawyer" prove elusive. Maria Konnikova's book, "Mastermind: How to Think Like Sherlock Holmes," effectively captures what it means to think like a lawyer in a way that is both meaningful and relevant to the transformations occurring in legal education and in the practice of law. The book contains some great lessons for cultivating the habits of …

Legal Education Takes Mentoring, Modeling And Trust, Rachel A. Van Cleave

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As the new academic year began. I decided to meet individually with each and every one of our first year students. I believe that this is one effective way to convey to students that the faculty, staff, alumni and other students - all members of our community - are committed to their success. In addition, my colleagues and I deeply appreciate that very soon these first year students will be our colleagues in the legal community - what an awesome opportunity and :responsibility to be able to cultivate the qualities and traits that we value in our future peers. I …

Foreclosing While The Property Is Burning, Roger Bernhardt

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Clinical Legal Education In Afghanistan: Next Steps, Stephen A. Rosenbaum

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Law and Shari’a faculties in Afghanistan now have a critical mass of professors trained in the principles of interactive teaching and experiential education. Many deans and other administrators are keen on the idea of hosting a legal clinic or an innovative educational model. Piloting a clinical program requires a team of junior and senior faculty members who remain in continuous and long-term contact with their peers and practitioners across the nation, and with clinicians in the Global South and North. This should include a partnership with a reputable law school abroad for study, clinical practice and clinic tutorials; assistance from …

Private Clean-Up Causes Of Action And Federal Preemption, Roger Bernhardt

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The biggest problem that California practitioners will have with the new decision by the United States Supreme Court in CTS Corp. v Waldburger (2014) ___ US ___, 134 S Ct 2175 (reported on p 94), is that it comes out of North Carolina. It gives no California reference for its holding that §309 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USC §9258) preempts state statutes of limitations that apply to common law actions by private individuals for toxic torts and replaces their normal triggering event (the date the cause of action accrues) with a “federally required …

Acosta: Mortgagor Removal Of Fixtures, Roger Bernhardt

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Husband and Wife bought a home, then sought refinancing to borrow $700,000. Based on the appraisal of the home,which showed exceptional upgrades, Lender specified in the deed of trust that “fixtures now or hereafter a part of the property” were secured collateral. After the couple defaulted, Lender scheduled the home for a foreclosure sale on June 14, 2010, but told the Husband and Wife they could stay in the home until the end of the month. Wife e-mailed Lender on June 9, 2010, demanding $10,000 in exchange for the keys to the house and threatening that the home would not …

Engaging Work, Working While Engaged, Rachel A. Van Cleave

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Several recent items have led me to reflect on the meaning of work. Law students often ask my advice about their careers, and I typically ask them what they enjoy. “Do what you love and you’ll never work a day” is one of my favorite quotes. Therefore, Gordon Marino’s piece in the New York Times, Sunday Review, A Life Beyond ‘Do What You Love’ (May 18, 2014), gave me pause. Marino questions whether the advice of do what you love is really sound advice, as well as whether it is advice only for the elite who might have the luxury …

Shades Of Enron: The Legal Ethics Implications Of The General Motors Scandal, Michele Benedetto Neitz

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Here we go again. "Where were the Lawyers?" is becoming a predicable refrain in response to any wide-ranging corporate scandal. General Motors is battling a rising deluge of lawsuits, investigations, and government fines in the wake of its February 2014 recall of millions of cars for a safety defect. The defect, a faulty ignition switch, is allegedly responsible for 13 fatalities and hundreds of injuries.

The sorrow of the tragic loss of life in this case is now joined by growing public anger about a cover-up at the company to avoid liability for the defect. GM's engineers and managers may …

Empathetic Advocacy - Law Schools And Our Veterans, Rachel A. Van Cleave

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GGU Law Dean Rachel Van Cleave discusses how to best advocate for veterans attending law school.

Coal Pollution And Climate Change, Alan Ramo

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No abstract provided.

What Law Schools And Lawyers Can Do For Veterans, Rachel A. Van Cleave

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The mass shooting that left three dead and sixteen injured this year at Fort Hood is a stark reminder of the challenges and difficulties facing our service men and women. Within days of the tragedy, I attended two conferences in Washington, D.C. to discuss how the legal community may work to serve veterans. One was hosted by the U.S. Department of Veterans Affairs and the other by the Puller Clinic at William & Mary Law School.

Fiduciary & Nonfiduciary Duties Of Dual Agents, Roger Bernhardt

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No abstract provided.

Grassroots Policy Advocacy And The California Domestic Worker Bill Of Rights, Hina Shah

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Recent victories in domestic workers rights are a result of grassroots, worker-led campaigns to change the cultural value of domestic work and fundamentally question why the law treats these workers differently from other workers. Building visibility through worker leadership and broad-based coalitions, the domestic work campaigns have succeeded in gaining more equal treatment under the law. This is the story of the California campaign and the Golden Gate University Women’s Employment Rights Clinic’s role in the campaign.

Foothill Communities V Orange County: Justifying Spot Zoning, Roger Bernhardt

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No abstract provided.

Citator Exercise, Jodi Collova

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This "Citator Exercise" was included in the American Association of Law Libraries 2014 National Research Teach-In Instructional Resources Kit. The entire Kit is available here: http://www.aallnet.org/sections/rips/teachin/2014.html.

Stop Notices Versus Preallocated Disbursements: Brewer V Point Center, Roger Bernhardt

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No abstract provided.

Rutherford Holdings: Mutual Nonperformance Of Sales Contract, Roger Bernhardt

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No abstract provided.

A Nation At Waste: The Long-Term Unemployed And Job Discrimination, Hina Shah

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No abstract provided.

The Courage Of Law Students, Rachel A. Van Cleave

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The beginning of a new year is a time for resolutions, resolve and optimism. Thus, it is fitting that the annual meeting of the Association of American Law Schools meets at the beginning of the year. This year, law school deans, faculty and staff gathered to discuss the theme "Looking Forward: Legal Education in the 21st Century." Given the significant challenges facing law schools and the legal profession, many of the sessions focused on how law schools can better support, train and prepare students to ensure that they have fulfilling careers. Many sessions explored at a deeper level how our …

Your Career: Ten Steps To Making A Career Change, Susanne Aronowitz

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Many of us anticipate the beginning of a new year with a sense of optimism. If you have been thinking about a change in your professional life, you may have an earnest but ill-defined New Year's resolution to make it happen in 2014. It's rare for such an opportunity to land in one's lap. Rather than relying on chance, here are some tangible strategies to bring those plans to fruition.

Returning To The Basics: Rethinking The Meaning Of “Practice” In Law School, Reichi Lee

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Legal education is in crisis and everyone is talking about it. When the economy took a nosedive, legal jobs were no long-er handed out on a silver platter and law firms began to balk at the expense of training lawyers. You can’t surf the internet without reading yet another blogger’s lament on ‘what law school does not teach you’ or why one ‘should not go to law school.’ Those forces, coupled with the sky-rocketing costs of legal education, have even the United States President (himself a former law professor) suggesting that law school should be shortened to two years. In …

A Salmon Eye Lens On Climate Adaption, Paul S. Kibel

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This Article discusses the current gap in climate adaptation law and policy, emphasizing the potential role that the National Environmental Policy Act (NEPA), Endangered Species Act (ESA) and California Environmental Quality Act (CEQA) could play in filling this gap. It focuses on the provisions in these laws that establish that agency planning and decision-making should be based on the best available science, and notes that the best available science now confirms that GHG emission-induced climate change is happening now and will continue to happen during this century. This Article posits that the most appropriate and effective way to factor expected …