Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Law
California's Characterization Of Credit Acquisitions During The Post-Separation Period, Curtis Barnes Jr.
California's Characterization Of Credit Acquisitions During The Post-Separation Period, Curtis Barnes Jr.
San Diego Law Review
In California, the community property is liable for debts incurred during separation. However, proceeds from these debts may be characterized as separate property of the acquiring spouse. Thus, the community, even though suffering the risks of liability, is disallowed the benefits of such risks. This Comment argues that the current lender's intent analysis applied upon credit acquisition should be discontinued in favor of the exposure analysis. Further, the Comment argues that community property debt liability during separation arises only if the debt is related to the community which occurs a) if the liability benefits the community; or b) if the …
Local Knowledge, Local Color: Critical Legal Studies And The Law Of Race Relations, Gerald Torres
Local Knowledge, Local Color: Critical Legal Studies And The Law Of Race Relations, Gerald Torres
San Diego Law Review
In this Article, Professor Torres examines the meaning and content of Critical Legal Studies (CLS), focusing on the struggle for racial equality. He suggests ways in which understanding the relationship between law and culture can enable, both academics and practitioners, to construct theoretical foundations for the next generation of race relations. Understanding how the law of race relations has emerged and changed over the past twenty-five years is possible only by understanding how the dominant culture has accommodated itself to the changed legal landscape. Central to the inquiry is understanding American cultural pluralism as an expression of cultural domination and …
A Tale Of Two Cultures: Or Making The Proper Connection Between Law, Social History And The Political Economy Of Despair, Robert J. Cottrol
A Tale Of Two Cultures: Or Making The Proper Connection Between Law, Social History And The Political Economy Of Despair, Robert J. Cottrol
San Diego Law Review
In this Article, Professor Cottrol examines a pervasive culture of pessimism amongst a minority of underclass Black Americans the likes of which must be addressed if America's laws and public policy is to complete the unfinished work of the Civil Rights Revolution. The author argues that the development this culture is the result of long-term historical trends, the results of which came to fruition after the Second World War. He suggests Americans must shift their focus from familiar histories of southern slavery and Jim Crow to an examination of the histories of race relations in northern cities. Further, the author …
What Is An Action For Purposes Of California Civil Procedure Code Section 726, Beth Jo Zeitzer
What Is An Action For Purposes Of California Civil Procedure Code Section 726, Beth Jo Zeitzer
San Diego Law Review
In the 1984 case, Bank of America v. Daily, the California Court of Appeal held that a bank's set off was an action for purposes of California Civil Procedure Code section 726 (the one action rule). The bank lost over $170,000 in security due to this $10,000. California courts have circumvented the policies behind section 726 by interpreting the one action rule expansively. This Comment argues that debtor protection is no achieved through inequitable creditor remedies and that legislative reform is necessary to achieve the protection that section 726 intended to provide California debtors.
Relations Between The Sexes: Timely Vs. Timeless Principles, Joel J. Kupperman
Relations Between The Sexes: Timely Vs. Timeless Principles, Joel J. Kupperman
San Diego Law Review
In this Article, Professor Kuperman examines the morality of affirmative action with a primary focus on affirmative action for women. He outlines what he feels is a convincing case for a philosophically opposed position: that affirmative action programs are justified. After discussing the criticisms leveled against affirmative action, the author concludes by suggesting that the strongest case for affirmative action rests on its relation to a just society. The relation is that affirmative action should lead to a just society.
Racial Subordination Through Formal Equal Opportunity, Roy L. Brooks
Racial Subordination Through Formal Equal Opportunity, Roy L. Brooks
San Diego Law Review
In this Article, Professor Brooks examines the current state of "formal equal opportunity" and finds it may not be the final expression of interracial relations in the United States. The inquiry begins with the realization that after the passage of hundreds of civil rights laws, Black Americans seem worse off socially and economically than Black Americans were under Jim Crow. The author criticizes civil rights analysis for its failure to ask the right question - the "subordination question." This question would require scholars to analyze the subordinating force or mechanism in civil rights law which the author believes to be …