Law Commons^™

California's Energy Crisis - The Perils Of Crisis Management And A Challenge To Environmental Justice, Alan Ramo

Publications

California's energy crisis represented a profound moment in energy policy, crisis management and environmental justice. California's deregulation led to blackouts and rapid increases in ratepayer bills that eventually fueled the Governor's declaration of emergency and emergency legislation by the State Legislature. Lessons about deregulation, crisis management and environmental justice abound. This article is not an attempt to systematically and comprehensively analyze California's energy deregulation. It instead focuses on the repercussions of crisis management, particularly as it relates to environmental justice.

Small Business Reorganization And The Sabre Proposals, Karen Gebbia

Publications

Many bankruptcy experts suspect that the substantial costs and hurdles of reorganizing under chapter 11 are especially burdensome for small businesses and may significantly impair small businesses' ability to reorganize and survive. It should not be surprising, then, that bankruptcy practitioners, scholars, and judges agonize over the treatment of small businesses in reorganization; conferences are organized to consider the particular problems of financially distressed small businesses; Congress singled out small businesses for attention in the 1994 Bankruptcy Code amendments; and the National Bankruptcy Review Commission recommended reforms applicable to small business reorganization cases.

Much of the debate concerning the treatment …

(When) Am Imy Borrower’S Keeper? Good Faith And Loan Workouts, Roger Bernhardt

Publications

This article deals with a California case involving alleged predatory lending and analyzes the duty of fair dealing and why lenders prefer an objective reasonableness standard to that of subjective good faith.

Exactions And Takings: San Remo Hotel V San Francisco, 2002, Roger Bernhardt

Publications

This article discusses a California Supreme Court decision which upheld an ordinance imposing the full cost of creating a replacement unit elsewhere on the property owner who wanted to covert a residential unit into a tourist unit.

Landlord Tort Liability: White V Contreras, 2002, Roger Bernhardt

Publications

This article discusses a California case which held a landlord who covenants or undertakes to install a window screen—but fails to do so—may be liable to the tenant’s child who falls out the window.

Liens Reattaching After Foreclosure: Dmc V Downey Sav. & Loan, 2002, Roger Bernhardt

Publications

This article discusses a California case which held that when a former property owner reacquires it after foreclosure with a new purchase money loan, that lien has priority over the previously wiped-out junior lien that reattached to the property.

Nonrefundable Option Payments As Liquidated Damages: Allen V Smith, 2002, Roger Bernhardt

Publications

This article discusses a California case which held a residential purchase agreement labelling the buyer’s deposit as “nonrefundable purchase option” is unenforceable.

Recorded Notices That Are Not Burdens On Title: Elysian Inv. Group V Stewart Title. 2002, Roger Bernhardt

Publications

This article discusses a California case which held that a recorded notice that a residence was “substandard” was neither a defect in, nor a lien or encumbrance on the title under the title insurance policy.

Termination Of Partnership: Crow Irvine #2 V Winthrop Cal. Investors, 2002, Roger Bernhardt

Publications

This article discusses a California case which held that a termination clause in a partnership agreement requiring a good faith belief in irreconcilable difference between partners, is measured by a subjective standard, not an objective standard.

Immunities From Jurisdiction In Contemporary International Law, Sompong Sucharitkul

Publications

All States, large or small, rich or poor, are equal in the eyes of international law. Each State is sovereign and independent. Statehood is vested with the type of sovereignty and independence that is recognized as exclusive and absolute within its territory. It is by reason of this absolute and exclusive sovereignty and this equality of States and their mutual independence, that in certain circumstances, a State is presumed to have consented to waive the exercise of its jurisdiction which is exclusive within its territory in a proceeding in which another State is being proceeded against without its consent. In …

Investment Protection: The Role Of State/Investor Arbitration, Sompong Sucharitkul

Publications

No abstract provided.

Appearing On The Next California Ballot:An Initiative To Ban Information, Clifford Rechtschaffen

Publications

Ward Connerly, author of the divisive Proposition 209 banning affirmative action in California, is at it again. Connerly has authored a new initiative that will be on the ballot in a special election called for October 7, 2003. The official title is the "Classification ofby Race, Ethnicity, Color, or National Origin Initiative" (CRECNO), although voters may have also heard it referred to by the misleading title, "Racial Privacy Initiative." More accurately, as California Lt. Governor Cruz Bustamante has stated, it should be called the "Information Ban Initiative."

The initiative would prevent state and local government agencies from collecting or maintaining …

Notes From The Underground, Vol.2#1, October, 2002

Newsletters

No abstract provided.

Notes From The Underground, Vol.1#3, April, 2002

Newsletters

No abstract provided.

Retaining Generation X'Ers In A Baby Boomer Firm, Rodney O. Fong

Publications

I am going to introduce you to Generation X. Who are they? How do they view the world? What are some of their characteristics? And finally, how does one interact, work with, and retain them?

The Non-Discrimination Principle And Its Effect On The Education Of Roma Children In The Czech Republic, Leslie Burton

Publications

All states ratifying the Convention on the Rights of the Child (CRC) are bound to comply with Article 2, which requires States Parties to respect the rights of all children, without discrimination of any kind. In the Czech Republic, however, there is systematic discrimination against the Roma (also referred to as Gypsies). As a result, Roma children are not getting the education they are ensured under Article 28 of the CRe. The Czech Republic has tried, and continues to try, different methods to resolve the problem and to comply with the CRe. This essay will explore the nature of the …

It's Not Just A Job, It's An Adventure!, Jon H. Sylvester, Anthony J. Pagano

Publications

No abstract provided.

A Rule In Search Of A Reason: An Empirical Reexamination Of Chimel And Belton, Myron Moskovitz

Publications

No abstract provided.

When Voters Choose The Sentence: The Drug Policy Initiatives In Arizona, California, Ohio, And Michigan, Michael M. O'Hear

Faculty Publications

No abstract provided.

The New Politics Of Sentencing, Michael M. O'Hear

Faculty Publications

No abstract provided.

The Long And Arduous Journey To Truth-In-Sentencing In Wisconsin, Thomas J. Hammer

Faculty Publications

No abstract provided.

The Virtues Of Corporate And Professional Guardians, Alison Barnes

Faculty Publications

No abstract provided.

Can An Employer Reject An Applicant Because The Workplace Would Threaten His Health?, Ralph C. Anzivino

Faculty Publications

No abstract provided.

Can A State Waive Its Immunity By Removing A Case From State To Federal Court?, Jay E. Grenig

Faculty Publications

No abstract provided.

Can The Disparate Impact Method Of Proving Discrimination Establish An Adea Violation?, Jay E. Grenig

Faculty Publications

No abstract provided.

When Can The Nlrb Sanction An Employer For Filing A Losing Retaliatory Lawsuit?, Jay E. Grenig

Faculty Publications

No abstract provided.

The Civil Docket: From Civil Rights To Social Security, Jay E. Grenig

Faculty Publications

No abstract provided.

Does The Federal Boat Safety Act Preempt State Common-Law Tort Claims?, Ralph C. Anzivino

Faculty Publications

No abstract provided.

When Should A Court Rather Than An Arbitrator Decide Whether A Claim Is Arbitrable?, Jay E. Grenig

Faculty Publications

No abstract provided.

When Can A State Agency Use A Child's Social Security Benefits To Pay For Foster Care Expenses?, Jay E. Grenig

Faculty Publications

No abstract provided.