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Articles 1 - 15 of 15
Full-Text Articles in Law
Brokers’ Commissions Under Conditional Contracts, Roger Bernhardt
Brokers’ Commissions Under Conditional Contracts, Roger Bernhardt
Publications
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.
Bad Timing For Deeds In Lieu, Roger Bernhardt
Bad Timing For Deeds In Lieu, Roger Bernhardt
Publications
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
The Endangered Future Of Mfordable Housing Exactions, Roger Bernhardt
Publications
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.
Hiding A Mortgage Too Well, Roger Bernhardt
Hiding A Mortgage Too Well, Roger Bernhardt
Publications
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.
Exactions Or Extortions? Building Industry Ass’N V City Of Patterson, Roger Bernhardt, David Callies
Exactions Or Extortions? Building Industry Ass’N V City Of Patterson, Roger Bernhardt, David Callies
Publications
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
Simultaneous Priority, Roger Bernhardt
Publications
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.
Marriage, Money, Notice, And Presumptions, Roger Bernhardt
Marriage, Money, Notice, And Presumptions, Roger Bernhardt
Publications
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.
Resolutions Of Necessity In Eminent Domain: City Of Stockton V Marina Towers. 2009, Roger Bernhardt
Resolutions Of Necessity In Eminent Domain: City Of Stockton V Marina Towers. 2009, Roger Bernhardt
Publications
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.
Selective Ban Of Street Signs Metro Lights, Llc V City Of Los Angeles (9th Cir 2009), Roger Bernhardt
Selective Ban Of Street Signs Metro Lights, Llc V City Of Los Angeles (9th Cir 2009), Roger Bernhardt
Publications
This article discusses a Ninth Circuit case involving commercial speech and asks whether selective protection can be challenged under the Fifth Amendment.
The Last Bar Examination (2009), Roger Bernhardt
The Last Bar Examination (2009), Roger Bernhardt
Publications
This article criticizes the 2009 California Bar Exam Property question for its irrelevance to modern practice.
Title Insurance And Fraudulent Loans: First Am. Title Ins. Co. V Xwarehouse Lending, 2009, Roger Bernhardt
Title Insurance And Fraudulent Loans: First Am. Title Ins. Co. V Xwarehouse Lending, 2009, Roger Bernhardt
Publications
Victim of fraudulently made loans not protected by title insurance issued to purported originating lender.
Unavoidable Difficulties In Drafting Easements, Roger Bernhardt
Unavoidable Difficulties In Drafting Easements, Roger Bernhardt
Publications
This article discusses the use of the words “exclusive” in easements through, with advice to transactionalists as to prudent drafting and to litigators as to arguments to make for dominant and servient estate holders.
In Defense Of Property, Kristen A. Carpenter, Sonia K. Katyal, Angela R. Riley
In Defense Of Property, Kristen A. Carpenter, Sonia K. Katyal, Angela R. Riley
Publications
This Article responds to an emerging view, in scholarship and popular society, that it is normatively undesirable to employ property law as a means of protecting indigenous cultural heritage. Recent critiques suggest that propertizing culture impedes the free flow of ideas, speech, and perhaps culture itself. In our view, these critiques arise largely because commentators associate "property" with a narrow model of individual ownership that reflects neither the substance of indigenous cultural property claims nor major theoretical developments in the broader field of property law. Thus, departing from the individual rights paradigm, our Article situates indigenous cultural property claims, particularly …
The Subprime Crisis And The Link Between Consumer Financial Protection And Systemic Risk, Erik F. Gerding
The Subprime Crisis And The Link Between Consumer Financial Protection And Systemic Risk, Erik F. Gerding
Publications
This Article will appear in a May 2009 symposium issue of the Florida International University Law Review on the global financial crisis. This Article argues that the current global financial crisis, which was first called the “subprime crisis,” demonstrates the need to revisit the division between financial regulations designed to protect consumers from excessively risky loans and safety-and-soundness regulations intended to protect financial markets from the collapse of financial institutions. Consumer financial protection can, and must, serve a role not only in protecting individuals from excessive risk, but also in protecting markets from systemic risk. Economic studies indicate it is …
Telluride's Tale Of Eminent Domain, Home Rule, And Retroactivity, Richard B. Collins
Telluride's Tale Of Eminent Domain, Home Rule, And Retroactivity, Richard B. Collins
Publications
Telluride, Colorado, won an eminent domain battle with San Diego billionaire Neal Blue, but only after paying his price and his attorney's fees. The town passed a condemnation ordinance by popular initiative to take 572 acres adjacent to the town. The landowner obtained a state statute intended to forbid the town's action. The trial judge held the statute invalid under Colorado's constitutional home rule amendment. Town officials negotiated a compromise with the landowner, but its voters rejected it. The valuation trial was moved to a neighboring county much more favorable to the landowner, and the jury gave him his full …