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Publications

1995

Discipline
Institution
Keyword

Articles 1 - 30 of 42

Full-Text Articles in Law

Constitutions Of The Countries Of The World: Kingdom Of Thailand, Sompong Sucharitkul Dec 1995

Constitutions Of The Countries Of The World: Kingdom Of Thailand, Sompong Sucharitkul

Publications

Draft chapter for Constitutions of the Countries of the World, Gisbert H. Flanz & Jefri Jay Ruchti, eds. (Oceana Publications).


Basic Documents - Fifth Asean Summit: Introductory Note, Sompong Sucharitkul Dec 1995

Basic Documents - Fifth Asean Summit: Introductory Note, Sompong Sucharitkul

Publications

No abstract provided.


Alliance Mortgage: Partial Answers About Full Credit Bids, Roger Bernhardt Nov 1995

Alliance Mortgage: Partial Answers About Full Credit Bids, Roger Bernhardt

Publications

This article discusses the dangers of making full credit bids in California.


Sticky Bathtubs And Slippery Rules, Roger Bernhardt Oct 1995

Sticky Bathtubs And Slippery Rules, Roger Bernhardt

Publications

This article discusses the California Supreme Court’s reversal of its earlier doctrine of strict liability in tort imposed on residential landlords.


"The Sacred Rights Of The Weak": Pain, Sympathy, And The Culture Of Individual Rights In Antebellum America, Elizabeth B. Clark Sep 1995

"The Sacred Rights Of The Weak": Pain, Sympathy, And The Culture Of Individual Rights In Antebellum America, Elizabeth B. Clark

Publications

In 1835 an antislavery sympathizer leaving a lecture by Theodore Dwight Weld went home to dream that she was transported above the world; looking down at the United States, she saw "multitudes of sable figures, bending beneath a scorching sun -- their backs lacerated by the whip -- scourged, maimed, loaded with irons -- subject to every insult -- and exposed to every gust of unbridled passions." The dreamer, a Mrs. Sturges, drew from many discourses in describing her lengthy dream, but the fundamental trope of her visionary narrative was the story of the suffering slave, a trope that in …


One Bite Is Enough, Roger Bernhardt Aug 1995

One Bite Is Enough, Roger Bernhardt

Publications

This article discusses California landlord’s liability for a dog bite occuring four blocks from the premises where the tenant kept the animal.


Paying After It’S Too Late, Roger Bernhardt Jul 1995

Paying After It’S Too Late, Roger Bernhardt

Publications

This article analyzes a California case where lis pendens was recorded one day prior to a sale and indexed several days after the sale. The court held that the buyers took free of all claims related to the lis pendens.


You Can Sell But You Can’T Hide, Roger Bernhardt May 1995

You Can Sell But You Can’T Hide, Roger Bernhardt

Publications

This article discusses the importance of including former owners as parties in lawsuits for fraud or negligent misrepresentation in the sale of real estate in California.


Canada's International Forest Protection Obligations: A Case Of Promises Forgotten In British Columbia And Alberta, Paul Stanton Kibel Apr 1995

Canada's International Forest Protection Obligations: A Case Of Promises Forgotten In British Columbia And Alberta, Paul Stanton Kibel

Publications

Part I of this Article sets forth Canada's,numerous international forest protection obligations. Part II reveals the pattern of forest destruction and provincial government corruption in British Columbia and Alberta. Part III examines why the Canadian federal government has thus far been reluctant to interfere with provincial forest management. The constitutional arguments supporting this "hands-off" policy are assessed and rejected. Therefore, this Article concludes that the Canadian federal government must ultimately be held accountable for provincial violations of international law.


Deeds On The Ground Or Words In The Deed: Bryant V Blevins, Roger Bernhardt Apr 1995

Deeds On The Ground Or Words In The Deed: Bryant V Blevins, Roger Bernhardt

Publications

This article discusses a California decision altering its agreed boundaries doctrine to confine the inference of an agreement to cases where the true boundary cannot be ascertained from the records.


The O.J. Inquisition: An American Encounter With Continental Criminal Justice, Myron Moskovitz Jan 1995

The O.J. Inquisition: An American Encounter With Continental Criminal Justice, Myron Moskovitz

Publications

October 3, 1995 marked the end of the O.J. Simpson double murder trial, which lasted 474 days and was billed "the trial of the century. " After less than four hours of deliberation, the jury acquitted Mr. Simpson of all charges. The following article is a dramatization of how a case similar to the Simpson trial might be handled by a civil-law European criminal justice system.

Utilizing an unusual format, Professor Myron Moskovitz examines and illustrates the differences between the United States and civil-law European criminal justice systems. The author uses a play script inspired by the events in the …


State Reactions To The Trading Of Emissions Allowances Under Title Iv Of The Clean Air Act Amendments Of 1990, Deborah M. Mostaghel Jan 1995

State Reactions To The Trading Of Emissions Allowances Under Title Iv Of The Clean Air Act Amendments Of 1990, Deborah M. Mostaghel

Publications

To cut down on the S02 emissions from coal-fired electric utilities, Title IV creates a two-pronged approach. First, it sets a national cap on emissions. Title IV allocates to each utility a number of pollution allowances to emit a certain amount of S02.11 The sum of all the allowances equals the nationwide cap. Second, Title IV recasts S02 as a commodity. If a utility does not need all of its allowances in a particular year, it may either trade them on a public exchange, or it may arrange private sales to a utility that needs more allowances to stay within …


Waiver Of The Right To Appeal, Robert K. Calhoun Jan 1995

Waiver Of The Right To Appeal, Robert K. Calhoun

Publications

This Article explores the legal and constitutional issues raised by appeal waivers. Section I analyzes the current state of the case law. Section II explores the due process challenge to appeal waivers, and concludes that such a challenge would be difficult to sustain given the current state of due process law. It, nonetheless, goes on to suggest that a key premise of due process theory as it relates to plea bargaining- the presumed equality of bargaining power between the prosecution and the defense-may be ripe for challenge. Section ill discusses the public policy arguments for and against appeal waivers, and …


Kingdom Of Thailand, Sompong Sucharitkul Jan 1995

Kingdom Of Thailand, Sompong Sucharitkul

Publications

Chapter in Constitutions of the Countries of the World (Oceana Publications 1995).


La Statut Juridique Des Detroits De Malacca Et De Singapou, Sompong Sucharitkul Jan 1995

La Statut Juridique Des Detroits De Malacca Et De Singapou, Sompong Sucharitkul

Publications

Published in 8 Revue Espaces et Ressources Maritimes (1995), Nice, France.


Some Thoughts On The North American Free Trade Agreement, Political Stability And Environmental Equity, Colin Crawford Jan 1995

Some Thoughts On The North American Free Trade Agreement, Political Stability And Environmental Equity, Colin Crawford

Publications

This Article will focus on NAFTA and NAFTA's supplemental environmental side agreement - the North American Agreement on Environmental Cooperation (Supplemental Agreement) -in light of recent events. In doing so, it will suggest that recent events in Chiapas demand a re-evaluation of NAFTA's environmental protections. This is not at all to suggest that stronger environmental protection alone would avert future Zapatista insurrections. The inequities of Mexican land distribution and the poverty of southern Mexican states such as Chiapas have historical roots that will hardly be rectified by more vigorous enforcement of environmental laws.

The argument is divided into two main …


Ideologies Of Professionalism And The Politics Of Self-Regulation In The California State Bar, William T. Gallagher Jan 1995

Ideologies Of Professionalism And The Politics Of Self-Regulation In The California State Bar, William T. Gallagher

Publications

This Article is a case study of the California State Bar lawyer discipline system in crisis. The Bar's lawyer discipline system is the official state mechanism for regulating the professional conduct of California's more than 100,000 lawyers. The State Bar in California self-regulates as an adjunct of the judicial branch of government. The State Bar operates in this capacity as a quasi-governmental body while at the same time functioning as a professional organization, of which one role is to represent the collective interests of California lawyers. This is truly an extraordinary status. Unlike most other occupational groups, the legal profession …


Anti-Intellectualism, Pierre Schlag Jan 1995

Anti-Intellectualism, Pierre Schlag

Publications

No abstract provided.


A Great Loneliness Of Spirit, Charles F. Wilkinson Jan 1995

A Great Loneliness Of Spirit, Charles F. Wilkinson

Publications

No abstract provided.


Lessons From Reforming Inquisitorial Systems, William T. Pizzi Jan 1995

Lessons From Reforming Inquisitorial Systems, William T. Pizzi

Publications

No abstract provided.


Migration: A Natural Growth Process For Libraries (Part One Of Two), Georgia Briscoe Jan 1995

Migration: A Natural Growth Process For Libraries (Part One Of Two), Georgia Briscoe

Publications

No abstract provided.


Why Not A Shared Database For Legal Serial Patterns?, Georgia K. Briscoe Jan 1995

Why Not A Shared Database For Legal Serial Patterns?, Georgia K. Briscoe

Publications

Just as bibliographic records are shared by law libraries through a national database, serial publication pattern data could also be shared. The author presents a history of the movement toward such a database and offers a specific proposal for its creation.


Affirmative Action As A Women's Issue, Helen Norton Jan 1995

Affirmative Action As A Women's Issue, Helen Norton

Publications

No abstract provided.


The Last Centrifugal Force, Robert F. Nagel Jan 1995

The Last Centrifugal Force, Robert F. Nagel

Publications

No abstract provided.


A Comment On "Constitutional Rights As Public Goods", Robert F. Nagel Jan 1995

A Comment On "Constitutional Rights As Public Goods", Robert F. Nagel

Publications

Discussion of T. W. Merrill, Dolan v. City of Tigard: Constitutional Rights as Public Goods, 72 Denv. U. L. Rev. 859 (1995).


Fiduciary Rules And Rupa, J. Dennis Hynes Jan 1995

Fiduciary Rules And Rupa, J. Dennis Hynes

Publications

No abstract provided.


International Environmental Law: Boundaries, Landmarks, And Realities, Lakshman Guruswamy Jan 1995

International Environmental Law: Boundaries, Landmarks, And Realities, Lakshman Guruswamy

Publications

No abstract provided.


Foreword, J. Dennis Hynes Jan 1995

Foreword, J. Dennis Hynes

Publications

No abstract provided.


A Holistic Approach To Criminal Justice Scholarship, William T. Pizzi Jan 1995

A Holistic Approach To Criminal Justice Scholarship, William T. Pizzi

Publications

No abstract provided.


What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser Jan 1995

What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser

Publications

No abstract provided.