Law Commons^™

Nothing But A Northern Lynching: The Death Of Fred Hampton Revisited, Susan Rutberg

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No abstract provided.

Contemporary Water Issues, Susan Kelly

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No abstract provided.

Brokers’ Commissions Under Conditional Contracts, Roger Bernhardt

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This article discusses the California decision in RC Royal Dev. & Realty Corp. v. Standard Pac. Corp. finding it a cautionary warning to clients who try too hard to avoid honoring their obligation to pay a commission owed to their broker.

Land & Water Planning: Another State's Perspective - Water Resources Regional Plan Policies, Kathleen M. Chavez, P.E.

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No abstract provided.

Repeating, Yet Evading Review: Admitting Reliable Expert Testimony In Criminal Cases Still Depends Upon Who Is Asking, Wes R. Porter

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A trial court must find that the proponent of expert witness testimony has set forth adequate evidence that the testimony is based upon reliable methods and will be helpful to the trier of fact. Much has been written regarding the reliability prong since the Supreme Court’s decision in Daubert v. Merrell Dow Pharm., yet a severe prejudice to the criminally accused persists today in some trial courts’ analyses of the often overlooked helpfulness prong. Despite the straight-forward articulation of helpfulness, described as “fit” or mere relevance, some trial courts apply the helpfulness prong differently depending upon whether the expert testimony …

Bad Timing For Deeds In Lieu, Roger Bernhardt

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This article discusses the right of redemption and the rule against clogging and why a deed in lieu that is given after the mortgage has already been executed may be enforceable notwithstanding that one given at the same time as the mortgage is not.

The Endangered Future Of Mfordable Housing Exactions, Roger Bernhardt

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This article is a discussion between Professor Roger Bernhardt of Golden Gate University School of Law and Professor David Callies of University of Hawaii’s William S. Richardson School of Law as to whether a city’s affordable housing impact fees, set-asides, and/or exactions pass constitutional muster.

Rain Follows The Plow: An Introduction To The Issue, Paul Stanton Kibel, Philip D. Batchelder

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No abstract provided.

Hiding A Mortgage Too Well, Roger Bernhardt

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This article considers the California case Garcia v. Roberts, showing that a sale and leaseback can actually be a mortgage, with the twist that if title to the property goes directly to the lender from a third party seller, rather than from the borrower, the mortgage is one of purchase money rather than refinance.

Thresholds And The Mismatch Between Environmental Laws And Ecosystems, Malcolm L. Hunter Jr., Michael J. Bean, David Lindenmayer, David S. Wilcove

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No abstract provided.

The Slip And Fall Of The California Legislature In The Classification Of Personal Injury Damages At Divorce And Death, Helen Y. Chang

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Part I of this Article provides an overview of California's no-fault divorce reform, its haphazard development of community property laws, and the problems with the current statute classifying personal injury damages as community property during marriage and assigning those damages to the injured spouse at divorce, unless the interests of justice require an alternate disposition. Part II discusses the treatment and classification of personal injury damages in the eight other community property states and also offers a brief historical explanation of each state's community property origins. Part III concludes that the California legislature should amend the statute to classify personal …

Field Work, Myron Moskovitz

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No abstract provided.

Review Of Patent Failure: How Judges, Bureaucrats, And Lawyers Put Innovators At Risk, By James Bessen And Michael J. Meurer, William T. Gallagher

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No abstract provided.

Access Mars: Assessing Cave Capabilities Establishing Specific Solutions: Final Report, Abdul Mohsen Al Husseini, Luis Alvarez Sanchez, Konstantinos Antonakopoulos, Jeffrey (Johannes) Apeldoorn, Kenneth Lowell Ashford Jr., Kutay Deniz Atabay, Sara Langston, Et Al.

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The human race has evolved, grown and expanded through the exploration of Earth. After initial steps on the Moon, our next challenge is to explore the solar system. Mars shows potential for both scientific discovery and future human settlement, and so is a prime candidate for the next leap of human exploration. Such a bold endeavor will be a driver for an unprecedented worldwide cooperative effort and the catalyst for a new era of international, intercultural and interdisciplinary human relations. Scientific and technological progress will also accelerate as mankind is ushered into a new era of space exploration.

Currently proposed …

A Case Study Of Environmental Justice Work In West Oakland, Helen H. Kang

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No abstract provided.

Steps To Flow Restoration: Lessons From The Northwest, Reed D. Benson

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No abstract provided.

Ecological Flows In New Mexico - It Has Been Done, Adrian Oglesby

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No abstract provided.

The Pragmatics Of Allocating Water For Stream Flows, Steve Harris

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No abstract provided.

New Mexico Wildlife Conservation Act: Cooperative Action For Native Species Recovery, Stephanie Carman, David Propst

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No abstract provided.

Exactions Or Extortions? Building Industry Ass’N V City Of Patterson, Roger Bernhardt, David Callies

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This article is a dialogue between Roger Bernhardt of Golden Gate University School of Law and David Callies of University of Hawaii’s William S. Richardson School of Law as to whether a city’s affordable housing impact fees, set-asides, and exactions pass constitutional muster.

Simultaneous Priority, Roger Bernhardt

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This article discusses simultaneous priority found in a Nebraska case where a notice of commencement and a trust of deed were recorded within five minutes of each other. It also considers why UCC article 9 defines filing so differently than state real estate recording laws do.

Assessing Student Learning Through Powerpoint 'Games', Johanna K.P. Dennis

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It is undisputed that technology has the potential to change the law school classroom and to impact the educational experience. In the legal writing classroom, the use of PowerPoint-based "games" can create a dynamic learning environment enabling a professor to better assess student progress.

Saving Face: The Benefits Of Not Saying I'M Sorry, Brent T. White

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No abstract provided.

Rotten To The Core: Project Capture And The Failure Of Judicial Reform In Mongolia, Brent T. White

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Despite claims by international donor agencies that judicial reform efforts in Mongolia have been great success, this Article argue that Mongolian courts continue to grossly lack integrity, transparency, and accountability-and are perceived by the Mongolian public as more corrupt today than when donor-funded judicial reform efforts began almost a decade ago. This Article further argues that the failure of judicial reform in Mongolia stems in significant part from the "capture" of donor-funded judicial reform efforts by elites within the Mongolian judicial sector. It concludes that the inherent tendency for project capture in the "institution-building" approach to judicial reform that international …

Marriage, Money, Notice, And Presumptions, Roger Bernhardt

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This article functions as an intellectual checklist for navigating community property issues in divorce cases where title to the family home has been taken in only one spouse’s name. The discussion includes potential claims, constructive and inquiry notice, and the evidence code presumption.

Book Review, Richard B. Collins

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No abstract provided.

The Internet's Public Domain: Access To Government Information On The Internet, Susan Nevelow Mart

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This article surveys the types and amounts of information that have been removed from the Internet since September 11th. Information has been removed in the name of national security as well as for reasons of seeming political expediency. After discussing the bases of some of the rationales for removing the information, and the legal underpinnings of continued access, the article suggests several forms of advocacy that could be used to return the information to the public's domain.

Pursuing Environmental Justice: Obstacles And Opportunities - Lessons From The Field, Helen H. Kang

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This article argues that the clinic‘s clients and similarly situated grassroots groups pursue litigation because the laws do not adequately protect them from pollution at the neighborhood level. Environmental lawsuits filed by such groups result from the conclusion that there is "too much" pollution in the neighborhood—there is elevated background pollution, violations of environmental laws contribute to excess pollution, and litigation is one of the few ways to redress the distributive injustice resulting from pollution created by multiple sources.

Why Ceqa Exemption Decisions Need Additional Notice Requirements, Deborah N. Behles

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This article will initially describe CEQA, its exemptions, and the lack of notice requirements for exemption decisions. Next, this article will set forth the reasons why additional notice provisions are necessary to protect communities from agencies erroneously exempting projects that adversely impact the environment from environmental review. Lastly, this article will propose guidelines for projects that should require additional notice, explain how to implement them, and outline the information the notice should contain.

Resolutions Of Necessity In Eminent Domain: City Of Stockton V Marina Towers. 2009, Roger Bernhardt

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This article discusses a California eminent domain case warning local government agencies that the courts will give serious judicial review to the claim of “public use” asserted as justification for the taking.