Law Commons^™

Eustitia: Institutionalizing Justice In The European Union, Helen E. Hartnell

Publications

The European Union is installing new infrastructure upon which to build a "genuine European area of justice. This "European judicial area" constitutes a key component of the "area of freedom, security and justice" ("AFSJ"). The Amsterdam Treaty added the AFSJ as a dimension of the Union, in order to promote the free movement of persons. "EUstitia" is a neologism that aims to capture both pragmatic and aspirational aspects of this new European governance project. The term is used here to refer solely to the civil law component of the AFSJ. This article both examines EUstitia's key features, and explores the …

Top 10 Tips On Writing For Professional Journals, Frank G. Houdek

Publications

The author provides ten suggestions for writers aspiring to publish in professional journals, ranging from writing about something you know to leaving yourself adequate time to revise and edit prior to a submission deadline.

In Defence Of The Right To Trial By Jury: A Solution To The Ailing Czech Justice System?, Susan Rutberg

Publications

According to the pollsters, public confidence in the Czech justice system is very low. 65% of Czechs do not trust their judges. Certainly, there is a connection between this mistrust and the fact that approximately 40% of the CR's 2500 current judges have been on the bench since before 1989. To an outsider, it seems surprising that the post-communist governments did not make changes to a system that had been controlled by the Communist party. The institution of trial by jury may be one way to promote public confidence in the Czech justice system.

The purpose of this article is …

The Party Line, Myron Moskovitz

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No abstract provided.

The Party Line, Myron Moskovitz

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No abstract provided.

Summit Financial Holdings Redux, Roger Bernhardt

Publications

This article analyzes the California case Summit Financial Holdings v. Continental Lawyers where the borrower continues to make payments to the lender after it has assigned the note to a third person.

The Yield Spread Premium Controversy, Roger Bernhardt

Publications

This article discusses yield spread premiums and the split among the courts as to their validity under RESPA.

Characterizing Separate Or Community Expenditures On Community Or Separate Assets, Roger Bernhardt

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This article analyzes community property and separate property distributions on dissolution of marriage in California.

U.S. Bombing Of Afghanistan Not Justified As Self-Defense Under International Law, Leslie Rose

Publications

The United States military strikes against Afghanistan cannot be justified as self-defense under the United Nations Charter or customary international law. There is insufficient evidence of an armed attack by the state of Afghanistan and the strikes have been neither necessary nor proportional.

Unced's Uncertain Legacy: An Introduction To The Issue, Paul Stanton Kibel

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No abstract provided.

Jurisdiction, Terrorism And The Rule Of International Law, Sompong Sucharitkul

Publications

In October 2001, approximately one month after the September 11 terrorist attacks in the United States, Golden Gate University Law Professor Sompong Sucharitkul spoke to the students of Golden Gate University and others on the topic of jurisdiction, terrorism and the rule of international law. This article is an excerpt from the speech given by Professor Sucharitkul.

The Ins And Outs, Stops And Starts Of Speedy Trial Rights In Colorado--Part I, H. Patrick Furman

Publications

This two-part article discusses the constitutional right to a speedy trial and the basics of the speedy trial statute.

See Part II at http://scholar.law.colorado.edu/articles/551/.

Sprawl And "Paper Water": A Reality Check From The California Courts, Paul Stanton Kibel, Barry H. Epstein

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No abstract provided.

California's Energy Crisis - The Perils Of Crisis Management And A Challenge To Environmental Justice, Alan Ramo

Publications

California's energy crisis represented a profound moment in energy policy, crisis management and environmental justice. California's deregulation led to blackouts and rapid increases in ratepayer bills that eventually fueled the Governor's declaration of emergency and emergency legislation by the State Legislature. Lessons about deregulation, crisis management and environmental justice abound. This article is not an attempt to systematically and comprehensively analyze California's energy deregulation. It instead focuses on the repercussions of crisis management, particularly as it relates to environmental justice.

Small Business Reorganization And The Sabre Proposals, Karen Gebbia

Publications

Many bankruptcy experts suspect that the substantial costs and hurdles of reorganizing under chapter 11 are especially burdensome for small businesses and may significantly impair small businesses' ability to reorganize and survive. It should not be surprising, then, that bankruptcy practitioners, scholars, and judges agonize over the treatment of small businesses in reorganization; conferences are organized to consider the particular problems of financially distressed small businesses; Congress singled out small businesses for attention in the 1994 Bankruptcy Code amendments; and the National Bankruptcy Review Commission recommended reforms applicable to small business reorganization cases.

Much of the debate concerning the treatment …

(When) Am Imy Borrower’S Keeper? Good Faith And Loan Workouts, Roger Bernhardt

Publications

This article deals with a California case involving alleged predatory lending and analyzes the duty of fair dealing and why lenders prefer an objective reasonableness standard to that of subjective good faith.

Exactions And Takings: San Remo Hotel V San Francisco, 2002, Roger Bernhardt

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This article discusses a California Supreme Court decision which upheld an ordinance imposing the full cost of creating a replacement unit elsewhere on the property owner who wanted to covert a residential unit into a tourist unit.

Landlord Tort Liability: White V Contreras, 2002, Roger Bernhardt

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This article discusses a California case which held a landlord who covenants or undertakes to install a window screen—but fails to do so—may be liable to the tenant’s child who falls out the window.

Liens Reattaching After Foreclosure: Dmc V Downey Sav. & Loan, 2002, Roger Bernhardt

Publications

This article discusses a California case which held that when a former property owner reacquires it after foreclosure with a new purchase money loan, that lien has priority over the previously wiped-out junior lien that reattached to the property.

Nonrefundable Option Payments As Liquidated Damages: Allen V Smith, 2002, Roger Bernhardt

Publications

This article discusses a California case which held a residential purchase agreement labelling the buyer’s deposit as “nonrefundable purchase option” is unenforceable.

Recorded Notices That Are Not Burdens On Title: Elysian Inv. Group V Stewart Title. 2002, Roger Bernhardt

Publications

This article discusses a California case which held that a recorded notice that a residence was “substandard” was neither a defect in, nor a lien or encumbrance on the title under the title insurance policy.

Termination Of Partnership: Crow Irvine #2 V Winthrop Cal. Investors, 2002, Roger Bernhardt

Publications

This article discusses a California case which held that a termination clause in a partnership agreement requiring a good faith belief in irreconcilable difference between partners, is measured by a subjective standard, not an objective standard.

Immunities From Jurisdiction In Contemporary International Law, Sompong Sucharitkul

Publications

All States, large or small, rich or poor, are equal in the eyes of international law. Each State is sovereign and independent. Statehood is vested with the type of sovereignty and independence that is recognized as exclusive and absolute within its territory. It is by reason of this absolute and exclusive sovereignty and this equality of States and their mutual independence, that in certain circumstances, a State is presumed to have consented to waive the exercise of its jurisdiction which is exclusive within its territory in a proceeding in which another State is being proceeded against without its consent. In …

Investment Protection: The Role Of State/Investor Arbitration, Sompong Sucharitkul

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No abstract provided.

Appearing On The Next California Ballot:An Initiative To Ban Information, Clifford Rechtschaffen

Publications

Ward Connerly, author of the divisive Proposition 209 banning affirmative action in California, is at it again. Connerly has authored a new initiative that will be on the ballot in a special election called for October 7, 2003. The official title is the "Classification ofby Race, Ethnicity, Color, or National Origin Initiative" (CRECNO), although voters may have also heard it referred to by the misleading title, "Racial Privacy Initiative." More accurately, as California Lt. Governor Cruz Bustamante has stated, it should be called the "Information Ban Initiative."

The initiative would prevent state and local government agencies from collecting or maintaining …

Retaining Generation X'Ers In A Baby Boomer Firm, Rodney O. Fong

Publications

I am going to introduce you to Generation X. Who are they? How do they view the world? What are some of their characteristics? And finally, how does one interact, work with, and retain them?

The Non-Discrimination Principle And Its Effect On The Education Of Roma Children In The Czech Republic, Leslie Burton

Publications

All states ratifying the Convention on the Rights of the Child (CRC) are bound to comply with Article 2, which requires States Parties to respect the rights of all children, without discrimination of any kind. In the Czech Republic, however, there is systematic discrimination against the Roma (also referred to as Gypsies). As a result, Roma children are not getting the education they are ensured under Article 28 of the CRe. The Czech Republic has tried, and continues to try, different methods to resolve the problem and to comply with the CRe. This essay will explore the nature of the …

It's Not Just A Job, It's An Adventure!, Jon H. Sylvester, Anthony J. Pagano

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No abstract provided.

A Rule In Search Of A Reason: An Empirical Reexamination Of Chimel And Belton, Myron Moskovitz

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No abstract provided.

An Essay On The Professional Responsibility Of Affirmative Action In Higher Education, Emily Calhoun

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No abstract provided.