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Articles 1 - 17 of 17
Full-Text Articles in Law
Inequitable Noncontribution, Roger Bernhardt
Inequitable Noncontribution, Roger Bernhardt
Publications
This article discusses a California case rejecting a guarantor’s claim of equitable contribution from co-guarantors because they were not at the same level of liability, and also rejecting a subrogation claim because it could be used only against the primary debtor, not other secondary debtors.
Attorneys Fees, Offsets And Priorities, Roger Bernhardt
Attorneys Fees, Offsets And Priorities, Roger Bernhardt
Publications
This article discusses the unpredictability of determining whether the rules of offset or the rules of priorities will prevail in a situation, and goes into the question of whether attorneys’ fees will be given priority over other claims when those fees are contractual and do not relate back. The article concerns a California decision which held that a lis pendens did not give purchasers superpriority over competing liens.
Landlords And Torts, Roger Bernhardt
Landlords And Torts, Roger Bernhardt
Publications
This article reviews conflicting appellate court decisions where landlords were sued in tort under state statutes that all imposed the same general duty to take care of the property but failed to address what happens when personal injuries follow.
Reflections On The Last Bar Exam; New Forms Worth Noting (2007), Roger Bernhardt
Reflections On The Last Bar Exam; New Forms Worth Noting (2007), Roger Bernhardt
Publications
The Bar Examiners got rather lazy in their Property question on the last bar exam. Instead of asking a reasonably complex or difficult essay question, they took four little multiple choice hypotheticals and packaged them into one large but utterly unintegrated question, with no connection of any kind between the parts.
Attorney Fees And Lien Priorities, Roger Bernhardt
Attorney Fees And Lien Priorities, Roger Bernhardt
Publications
This article examines a California decision that held that the attorneys fees of a successful purchaser in a specific performance action are subordinate to any liens the seller imposed on the property during the litigation.
Staying In Front, Roger Bernhardt
Staying In Front, Roger Bernhardt
Publications
This article examines option to purchase agreements and when the doctrine of relation back applies, with a warning as to the effect of altering the terms of an existing deal.
Calculating Exemptions In Bankruptcy: All Points Capital Corp. V Meyer, Roger Bernhardt
Calculating Exemptions In Bankruptcy: All Points Capital Corp. V Meyer, Roger Bernhardt
Publications
This article discusses a bankruptcy case involving 11USC §522(f)’s formula for avoiding judgment liens on properties in which the debtor holds only a partial interest.
Creditor’S Inability To Set Aside A Judicial Foreclosure Sale Despite Gross Underbidding: Amalgamated Bank V Superior Court (2007), Roger Bernhardt
Creditor’S Inability To Set Aside A Judicial Foreclosure Sale Despite Gross Underbidding: Amalgamated Bank V Superior Court (2007), Roger Bernhardt
Publications
This article discusses a California case where the creditor - who had showed up one minute at its foreclosure sale - was thereafter unable to have it set aside or preserve its lis pendens although the property was sold for $2,000 rather than the $6 million it was worth to a friend of the debtor.
Foreclosure Trustees And Fiduciary Duties Heritage Oaks Partners V First Am. Title Ins. Co. (2007), Roger Bernhardt
Foreclosure Trustees And Fiduciary Duties Heritage Oaks Partners V First Am. Title Ins. Co. (2007), Roger Bernhardt
Publications
This article discusses a California case holding that the trustee under a deed of trust merely acts as a common agent for the parties and owes no fiduciary obligation to third parties. Later purchasers are expected to discover the trustee’s lack of authority to sell from their own search of the records.
Indexing The Lis Pendens: Dyer V Martinez, 2007, Roger Bernhardt
Indexing The Lis Pendens: Dyer V Martinez, 2007, Roger Bernhardt
Publications
This article discusses a California case which held that filing of lis pendens with the county recorder does not impart constructive notice until it has been indexed..
Statutory Equitable Subrogation, Roger Bernhardt
Statutory Equitable Subrogation, Roger Bernhardt
Publications
This article discusses a Wyoming Supreme Court case which refused to accept the Restatement’s position that equitable subrogation ought to be available to refinancers even though they know or have constructive notice of intervening other creditors.
The Fallen Angel, Roger Bernhardt
The Fallen Angel, Roger Bernhardt
Publications
This article discusses a case where the buyer was defrauded by a real estate broker into purchasing property he could not afford.
The Statute Of Frauds, Roger Bernhardt
The Statute Of Frauds, Roger Bernhardt
Publications
This article discusses the California Supreme Court case Sterling v. Taylor which held that extrinsic evidence may be admitted to support a claim that the Statute of Frauds has been met. When a writing is not sufficient, the attorney must not only decide whether there is sufficient supporting evidence to get past the Statute of Frauds, but also whether that evidence is sufficiently consistent with the writing.
Indigenous Law And Its Contribution To Global Pluralism, James Anaya
Indigenous Law And Its Contribution To Global Pluralism, James Anaya
Publications
No abstract provided.
A Domestic Right Of Return?: Race, Rights, And Residency In New Orleans In The Aftermath Of Hurricane Katrina, Lolita Buckner Inniss
A Domestic Right Of Return?: Race, Rights, And Residency In New Orleans In The Aftermath Of Hurricane Katrina, Lolita Buckner Inniss
Publications
This article begins with a critical account of what occurred in the aftermath of Hurricane Katrina. This critique serves as the backdrop for a discussion of whether there are international laws or norms that give poor, black Katrina victims the right to return to and resettle in New Orleans. In framing this discussion, this article first briefly explores some of the housing deprivations suffered by Katrina survivors that have led to widespread displacement and dispossession. The article then discusses two of the chief barriers to the return of poor blacks to New Orleans: the broad perception of a race-crime nexus …
Back To The Future: Is Form-Based Code An Efficacious Tool For Shaping Modern Civic Life?, Lolita Buckner Inniss
Back To The Future: Is Form-Based Code An Efficacious Tool For Shaping Modern Civic Life?, Lolita Buckner Inniss
Publications
This Essay serves as a critique of the New Urbanism in general and of form-based code in particular as a tool of the New Urbanism. It may be true that form-based code offers more flexibility than traditional zoning schemes and thus may offer some respite from acknowledged ills such as social and racial divisions created by exclusionary zoning and other tools, and from the relative inutility of single or limited use districts. However, I will argue that these benefits are eclipsed by some of the problems of form-based code. Form-based code is frequently hailed as a back to the future …
Keynote Address: Indigenous Peoples And Their Mark On The International Legal System, S. James Anaya
Keynote Address: Indigenous Peoples And Their Mark On The International Legal System, S. James Anaya
Publications
No abstract provided.