Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
A Class Act? Social Class Affirmative Action And Higher Education, Maimon Schwarzschild
A Class Act? Social Class Affirmative Action And Higher Education, Maimon Schwarzschild
San Diego Law Review
Comparing class preferences with racial preferences helps to point up some of the reasons for the allure of class preferences but also points up some of the problems. A crucial consideration is the question of who is to receive class preference. For example, what about immigrants and their children? In general, social class is difficult to define, and this very difficulty would confer great discretion and power on faculties and academic administrators who undertake to bestow class preferences: discretion that would be open to abuse for political, ideological, and other ends. Finally, there is the question of whether preferential treatment …
Level Up: Employing The Commerce Clause To Federalize The Sale Of Goods, Jennifer Camero
Level Up: Employing The Commerce Clause To Federalize The Sale Of Goods, Jennifer Camero
San Diego Law Review
This Article argues that rather than wait until the defects become insurmountable, we should act now to address the defects in the law of sales and enact a federal sales act to supplant Article 2 using congressional power under the Commerce Clause. Part II details the defects of Article 2 that are in need of repair, which include creating inconsistent results across the states, failing to adapt to changing trends in our modern commercial environment, and utilizing a private drafting process that fails to balance the competing interests of businesses and consumers. Part II then demonstrates that the current uniform …
Left To Their Own (Security) Devices: The Need For The California Legislature To Define Deeds Of Trust And Update California Civil Code Section 2932.5 In Accordance With The Modern Lien Theory, Joahua Norton
San Diego Law Review
This Comment introduces how deeds of trust were developed to allow the lender to avoid the judicial process by engaging in a nonjudicial foreclosure. This Part also explains that the confusion in the courts arose because deeds of trust are not defined in the statutes that govern them. Part III describes the early understanding of deeds of trust in California common law under the title theory and how California courts have increasingly rejected the title theory in favor of the lien theory. Part IV introduces the rise of a private alternative to public recording of assignments of deeds of trust …