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Articles 1 - 12 of 12
Full-Text Articles in Law
Three Lessons For Lawyers, Roger Bernhardt, Christine Tour-Sarkissian
Three Lessons For Lawyers, Roger Bernhardt, Christine Tour-Sarkissian
Publications
This article discusses a recent California case illustrating some potential ethical dangers for lawyers as to conflicts of interest, secret profits (while helping a client secure a mortgage loan) and elder abuse claims.
Perilous Predicting, Roger Bernhardt, Daniel B. Bogart
Perilous Predicting, Roger Bernhardt, Daniel B. Bogart
Publications
This article considers the difficulty of drafting future rental provisions as illustrated in California National Bank v. Woodbridge Plaza, LLC.
Listings, Leases, And Liabilities, Roger Bernhardt
Listings, Leases, And Liabilities, Roger Bernhardt
Publications
This article discusses the California case Blickman Turkus v. MF Downtown Sunnyvale which could have been a rich source of guidance as to brokers’ commissions, disclosure duties, confidential communications, and agency, but instead focused on pleading issues.
When First Might Be Worst, Roger Bernhardt
When First Might Be Worst, Roger Bernhardt
Publications
This article urges attorneys to make sure that their clients are well advised when deal with the issue of relative priority of leases and loans. The subordination clause may be less important than the nondisturbance and attornment provisions.
Deficient Development Agreements, Roger Bernhardt
Deficient Development Agreements, Roger Bernhardt
Publications
This article discusses a California case where the county attempted unsuccessfully to alter a parcel’s status by way of a development agreement rather than by a zoning amendment.
Character And Credit: The Future Of Tenant Screening, Roger Bernhardt
Character And Credit: The Future Of Tenant Screening, Roger Bernhardt
Publications
This article discusses two California Court of Appeal cases where tenants lost actions against credit reporting agencies.
Construction Moratorium As A Taking Monks V City Of Rancho Palos Verdes (2008), Roger Bernhardt
Construction Moratorium As A Taking Monks V City Of Rancho Palos Verdes (2008), Roger Bernhardt
Publications
This article discusses a California decision which held that a moratorium on building homes in a landslide area was a permanent taking and was not justified by nuisance principles.
Lease Disclaimers And Landlord Fraud Mcclain V Octagon Plaza, Llc (2008), Roger Bernhardt
Lease Disclaimers And Landlord Fraud Mcclain V Octagon Plaza, Llc (2008), Roger Bernhardt
Publications
This article discusses a California case where a lease disclaimer did not insulate the landlord from liability for fraud, or even from claims of negligent misrepresentation.
Liability Of Successor Landlord For Rent Overcharges: Baychester Shopping Ctr., Inc. V San Francisco Residential Rent Stabilization & Arbitration Bd. (2008), Roger Bernhardt
Publications
This article discusses a California case where the recovered from the current landlord for overcharges in a rent controlled apartment that the former landlord had collected.
Property Rights In Spectrum: A Reply To Hazlett, Philip J. Weiser, Dale N. Hatfield
Property Rights In Spectrum: A Reply To Hazlett, Philip J. Weiser, Dale N. Hatfield
Publications
No abstract provided.
Spectrum Policy Reform And The Next Frontier Of Property Rights, Philip J. Weiser, Dale N. Hatfield
Spectrum Policy Reform And The Next Frontier Of Property Rights, Philip J. Weiser, Dale N. Hatfield
Publications
The scarcity of wireless spectrum reflects a costly failure of regulation. In practice, large swaths of spectrum are vastly underused or used for low value activities, but the regulatory system prevents innovative users from gaining access to such spectrum through marketplace transactions. In calling for the propertyzing of swaths of spectrum as a replacement for the current command-and-control system, many scholars have wrongfully assumed the simplicity of how such a regime would work in practice. In short, many scholars suggest that spectrum property rights can easily borrow key principles from trespass law, reasoning that since property rights work well for …
Real Property And Peoplehood, Kristen A. Carpenter
Real Property And Peoplehood, Kristen A. Carpenter
Publications
This Article proposes a theory of real property and peoplehood in which lands essential to the identity and survival of collective groups are entitled to heightened legal protection. Although many Americans are sympathetic to American Indian tribes and their quest for cultural survival, we remain unable to confront the uncomfortable truth that the very thing Indian peoples need is their land, the same land that the U.S. took from them. This is especially the case with regard to the sacred sites of Indian peoples, whose religions and cultures are inextricably linked to those sites. Federal law permits the United States …