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Articles 1 - 30 of 39
Full-Text Articles in Law
Southeast Asia Nuclear Weapon-Free Zone, Sompong Sucharitkul
Southeast Asia Nuclear Weapon-Free Zone, Sompong Sucharitkul
Publications
Among the latest developments inducing system compliance is the conclusion of the Treaty on Southeast Asia Nuclear Weapon-Free Zone on December 15, 1995 during the Fifth ASEAN Summit in Bangkok. As the Author of a Note introducing this Treaty in a recent publication of the American Society of International law, I am particularly pleased to have been invited to present to the Workshop the impact and implications of the Bangkok Treaty.
Death Knell For The “Other Security” Deficiency Exception?, Roger Bernhardt
Death Knell For The “Other Security” Deficiency Exception?, Roger Bernhardt
Publications
This article discusses the California purchase money antideficiency prohibition, and the “other security” exception to that rule.
Not Otherwise In Default, Roger Bernhardt
Not Otherwise In Default, Roger Bernhardt
Publications
This article contrasts prepayment and late payment charges involved in a California case where a lender imposed a $115,000 prepayment charge because the mortgagor was late in an earlier installment payment.
An Offer You Can't Refuse? Punishment Without Trial In Italy And The United States: The Search For Truth And An Efficient Criminal Justice System, Rachel A. Van Cleave
An Offer You Can't Refuse? Punishment Without Trial In Italy And The United States: The Search For Truth And An Efficient Criminal Justice System, Rachel A. Van Cleave
Publications
This Article compares the steps taken by Italy and the United States to reconcile the need for an efficient criminal justice system on the one hand, and the desire to achieve justice or discover the truth on the other. Plea bargaining in the United States has a significant history and has generated a substantial amount of literature critical of the device as violative of a criminal defendant's constitutional rights, particularly the right to be tried by a jury of one's peers. In addition, scholars have criticized the distortive effect of plea bargaining on the roles of the prosecutor, judge, and …
One Action Or One Exception: Bank Of America V Graves, Roger Bernhardt
One Action Or One Exception: Bank Of America V Graves, Roger Bernhardt
Publications
This article discusses a California case where a junior creditor postponed its foreclosure proceedings in order to have the senior sale occur first in order to treat itself as a sold-out junior.
Confronting The Abuse Excuse, Susan Rutberg
Confronting The Abuse Excuse, Susan Rutberg
Publications
Review of "Black Rage Confronts the Law" by Paul Harris.
Inclusive Teaching Methods Across The Curriculum: Academic ·Resource And Law Teachers Tie A Knot At The Aals, David Dominguez, Laurie Zimet, Fran Ansley, Charles Daye, Rodney O. Fong
Inclusive Teaching Methods Across The Curriculum: Academic ·Resource And Law Teachers Tie A Knot At The Aals, David Dominguez, Laurie Zimet, Fran Ansley, Charles Daye, Rodney O. Fong
Publications
This article describes an educational journey of seven diverse law teachers, located in different parts of the country, at various stages of our careers, who, in the course of preparing a simple panel, found that we had created a truly rewarding experience of our own. We write with the conviction that we need to share what we learned from those four months of "schoolwork" and from the AALS program we eventually presented in January, 1997. As we reconstruct our collaboration on inclusive teaching methods and ponder where it is taking us, we find we worked through the following stages of …
Solomonic Priority, Roger Bernhardt
Solomonic Priority, Roger Bernhardt
Publications
This article discusses the effect on priority in California when a senior lender modifies its loan to capitalize arrearages without consent of the junior.
Is Your Best Woman Really A Man? Nurturing A New Image Of Women Criminal Defenders, Susan Rutberg
Is Your Best Woman Really A Man? Nurturing A New Image Of Women Criminal Defenders, Susan Rutberg
Publications
No abstract provided.
Trading Mortgages For Judgments Against Community Property, Roger Bernhardt
Trading Mortgages For Judgments Against Community Property, Roger Bernhardt
Publications
This article discusses the incompatibility between California Family Code sections that require the signature of both spouses to lease, convey, or encumber community real property, but also make the community property liable for the debts of either spouse.
Prudence Or Paranoia?, Roger Bernhardt
Prudence Or Paranoia?, Roger Bernhardt
Publications
This article discusses a California case that implicitly imposed a duty to inquire as to whether a recorded loan is inferior to another unrecorded and unknown loan.
International Law In The Nigerian Legal System, Christian N. Okeke
International Law In The Nigerian Legal System, Christian N. Okeke
Publications
The central argument of this paper is that the character of a nation's system of law is inextricably connected with its socio-economic, cultural, religious and political make-up. To understand the attitude of a nation towards other nations, one must not be ignorant of the laws through which that nation gives expression to its sense of justice and regulates its structure. Furthermore, one must bear in mind that each system of law has different concepts through which its law is expressed, language through which it is explained, categories by which it is organized, and legal rules which themselves embody the law …
Resolution Of International Conflicts, Sompong Sucharitkul
Resolution Of International Conflicts, Sompong Sucharitkul
Publications
This year another area of international legal developments is added to our annual survey of international and comparative legal problems, namely, international dispute resolutions. I intend to select certain aspects of the salient features of legal developments in the area of international dispute resolution. An endeavor will be made to present an overview of three dimensions of dispute resolution, viz., (1) inter-governmental disputes; (2) mixed governmental and private-sector disputes; and (3) transnational disputes of private nongovernmental character.
Book Review, S. James Anaya
Book Review, Lakshman Guruswamy
Statuory Interpretation, Democratic Legitimacy And Legal-System Values, Karen Gebbia
Statuory Interpretation, Democratic Legitimacy And Legal-System Values, Karen Gebbia
Publications
This Article reexamines the current debate and concludes that democratic legitimacy is not a sufficient litmus test by which to ex-plain the differences among competing interpretive models nor to compare their viability. I argue that broader meta-principles, which I term "legal-system values," significantly influence current interpretive models and should be an integral focus of the statutory interpretation debate, but often are obscured by theorists' emphasis on democratic legitimacy.
Sub-Regional Coalescence In European Regional Integration, Helen E. Hartnell
Sub-Regional Coalescence In European Regional Integration, Helen E. Hartnell
Publications
Analysts tend to view post-1989 East-West European integration through the unilateral lens of European Union (EU) enlargement or, rather more broadly, as a structural problem of integrating developed with developing countries. This article will assimilate these earlier approaches, but also move beyond them, by emphasizing the view from the peripheral area of Central and Eastern Europe. Significant developments taking place there have the potential to alter our way of thinking about the process of regional economic integration, in Europe if not elsewhere. The recent trends demonstrate a coalescence at the margins, a subregional solidification, which in tum suggests the advent …
The Lead Poisoning Challenge: An Approach For California And Other States, Clifford L. Rechtschaffen
The Lead Poisoning Challenge: An Approach For California And Other States, Clifford L. Rechtschaffen
Publications
This Article describes a comprehensive framework for addressing lead-based paint hazards that balances the panoply of competing interests and affected stakeholders. The framework is broadly applicable to the overwhelming number of states that have not yet adopted preventative lead laws; this Article focuses in particular on California to illustrate the types of challenges that these states are likely to confront. The proposed approach is based on the recommendations of a congressionally mandated national task force, modified to address the specific needs of California. Recognizing the enormity of the lead-based paint problem (over 8.6 million housing units in California may have …
Watts: The Decline Of The Jury, William T. Pizzi
Law And Phrenology, Pierre Schlag
Law And Phrenology, Pierre Schlag
Publications
As the intellectual credentials of American law become increasingly dubious, the question arises: how has this discipline been intellectually organized to sustain belief among its academic practitioners? This Commentary explores the nineteenth-century pseudo-science of phrenology as a way of gaining insight into the intellectual organization of American law. Although there are, obviously, significant differences, the parallels are at once striking and edifying. Both phrenology and law emerged as disciplinary knowledges through attempts to cast them in the form of sciences. In both cases, the "sciences" were aesthetically organized around a fundamental ontology of reifications and animisms -- "faculties" in the …
Dutch Uncle Sam: Immigration Reform And Notions Of Family, Lolita Buckner Inniss
Dutch Uncle Sam: Immigration Reform And Notions Of Family, Lolita Buckner Inniss
Publications
No abstract provided.
Race And Criminal Justice, Richard B. Collins
Dedication To Professor Ralph W. Johnson, David H. Getches
Dedication To Professor Ralph W. Johnson, David H. Getches
Publications
No abstract provided.
Pink Elephants In The Rape Trial: The Problem Of Tort-Type Defenses In The Criminal Law Of Rape, Aya Gruber
Pink Elephants In The Rape Trial: The Problem Of Tort-Type Defenses In The Criminal Law Of Rape, Aya Gruber
Publications
No abstract provided.
Recent Developments, An Appeal By Any Other Name: Congress's Empty Victory Over Habeas Rights--Felker V. Turpin, 116 S. Ct. 2333 (1996), Scott Moss
Publications
No abstract provided.
Utilitarianism Left And Right: A Response To Professor Armour, Robert F. Nagel
Utilitarianism Left And Right: A Response To Professor Armour, Robert F. Nagel
Publications
No abstract provided.
The Role Of Bilateralism In Fulfilling The Federal-Tribal Relationship: The Tribal Rights-Endangered Species Secretarial Order, Charles Wilkinson
The Role Of Bilateralism In Fulfilling The Federal-Tribal Relationship: The Tribal Rights-Endangered Species Secretarial Order, Charles Wilkinson
Publications
No abstract provided.
Brief Of Lone Wolf, Principal Chief Of The Kiowas, To The Supreme Court Of The American Indian Nations, S. James Anaya
Brief Of Lone Wolf, Principal Chief Of The Kiowas, To The Supreme Court Of The American Indian Nations, S. James Anaya
Publications
No abstract provided.
Colorado River Governance: Sharing Federal Authority As An Incentive To Create A New Institution, David H. Getches
Colorado River Governance: Sharing Federal Authority As An Incentive To Create A New Institution, David H. Getches
Publications
No abstract provided.
Real Revolution, Robert F. Nagel