Law Commons^™

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

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No abstract provided.

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

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

Sticky Bathtubs And Slippery Rules, Roger Bernhardt

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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

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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

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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

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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

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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

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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

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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.

Fiduciary Rules And Rupa, J. Dennis Hynes

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No abstract provided.

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

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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

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

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

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

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

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

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

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No abstract provided.

A Great Loneliness Of Spirit, Charles F. Wilkinson

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No abstract provided.

That The Laws Shall Bind Equally On All: Congressional And Executive Roles In Applying Laws To Congress, Harold H. Bruff

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No abstract provided.

Lessons From Reforming Inquisitorial Systems, William T. Pizzi

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No abstract provided.

Structuring The Ballot Initiative: Procedures That Do And Don't Work, Richard B. Collins, Dale Oesterle

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No abstract provided.

Avoiding Error In Closing Argument, H. Patrick Furman

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No abstract provided.

Incoming Drug Calls And Performative Words: They're Not Just Talking About It, Baron Parke!, Christopher B. Mueller

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No abstract provided.

This Is Not A Sentence, Paul F. Campos

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No abstract provided.

Handling Difficult Issues Under The Family Medical Leave Act, Helen Norton

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No abstract provided.

Forty Years In The Desert, Paul F. Campos

Publications

The author uses Brown v. Board of Education and the volumes of commentary it has provoked to illustrate that coherent constitutional interpretation is a useless exercise. He argues that the decision should be accepted as political reality and moral necessity and that we should cease debating its merit as constitutional interpretation.

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

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No abstract provided.

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

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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.