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Articles 31 - 60 of 68
Full-Text Articles in Law
Liquidated Damage Provisions In Sales Contracts: Timney V Lin, 2003, Roger Bernhardt
Liquidated Damage Provisions In Sales Contracts: Timney V Lin, 2003, Roger Bernhardt
Publications
This article discusses a California case which held a provision providing for forfeiture of buyer’s deposit was unenforceable even when included in a settlement agreement.
Love Your Husband – But Don’T Lend Him Money, Roger Bernhardt
Love Your Husband – But Don’T Lend Him Money, Roger Bernhardt
Publications
This article discusses a California case where the husband’s note to his wife was held invalid for undue influence, and questions what unfair advantage means, its consequences, and how it can be rebutted.
Measure Of Liability For Broker Misrepresentation: Fragale V Faulkner, 2003, Roger Bernhardt
Measure Of Liability For Broker Misrepresentation: Fragale V Faulkner, 2003, Roger Bernhardt
Publications
This article discusses a California case which held that the measure of damages for a broker’s intentional misrepresentation to principal agent is not limited to the buyer’s out-of-pocket losses but may be measured by the benefit-of-the bargain rule.
Rent Control: Santa Monica Rent Control Bd. V Pearl Street, Llc, 2003, Roger Bernhardt
Rent Control: Santa Monica Rent Control Bd. V Pearl Street, Llc, 2003, Roger Bernhardt
Publications
This article discusses a California case which held that a rent control board’s suit alleging that a landlord was not entitled to charge market rate rents was not a SLAPP suit because it was based on the alleged charging of unlawful rent, not the landlord’s act of filing documents with the board.
Redeeming From Tax Sales: Bevan V Socal Communications Sites, 2003, Roger Bernhardt
Redeeming From Tax Sales: Bevan V Socal Communications Sites, 2003, Roger Bernhardt
Publications
This article discusses a Ninth Circuit case which held that when a lienor forecloses on a debtor’s property that which is also subject to an IRS lien, the lienor will not be equitably subrogated to the IRS claim where it eliminates the IRS’s right of redemption by paying the IRS the amount owed by the debtor to it.
Retaliatory Withdrawals From Rental Housing Market: Drouet V Superior Court, 2003, Roger Bernhardt
Retaliatory Withdrawals From Rental Housing Market: Drouet V Superior Court, 2003, Roger Bernhardt
Publications
This article discusses a California case which held that in an unlawful detainer action, a landlord’s bona fide intent to withdraw the property from the rental market defeats the tenant’s claim of retaliatory eviction.
Seller’S Withdrawal For Buyer’S Late Performance: Ninety Nine Invs. V Overseas Courier Serv., 2003, Roger Bernhardt
Seller’S Withdrawal For Buyer’S Late Performance: Ninety Nine Invs. V Overseas Courier Serv., 2003, Roger Bernhardt
Publications
This article discusses a California case which held that a buyer was entitled to specific performance when the seller’s failure to comply with escrow instructions prevented the buyer’s timely performance of the financing condition.
The Undue Influence Presumption Vs The Record Title Presumption: Marriage Of Delaney, 2003, Roger Bernhardt
The Undue Influence Presumption Vs The Record Title Presumption: Marriage Of Delaney, 2003, Roger Bernhardt
Publications
This article discusses a California case which held that when an interspousal transaction is to one spouse’s advantage, the Family Code presumption that the transaction was a result of undue influence is trumped by the Evidence Code’s presumption of record title.
A Return To Lilliput: The Licra V. Yahoo! Case And The Regulation Of Online Content In The World Market, Marc Greenberg
A Return To Lilliput: The Licra V. Yahoo! Case And The Regulation Of Online Content In The World Market, Marc Greenberg
Publications
The first section of this Article presents the laws governing Internet content providers and the jurisdictional regime that gave rise to this see saw battle. The second section examines a series of court proceedings. The first two proceedings in France in 2000 resulted in a French court order directing Yahoo to add geo-location filtering software to its servers in Santa Clara. The subsequent California district court litigation filed in 2001 resulted in summary judgment for Yahoo. This judgment is on appeal. The third and final section explores the global implications of the French and U.S. proceedings. The section concludes that …
An Uneasy Peace: Multilateral Military Intervention In Civil Wars, Eleanor Lumsden
An Uneasy Peace: Multilateral Military Intervention In Civil Wars, Eleanor Lumsden
Publications
This article will examine seven instances in which a group of states or regional organizations have intervened with military force in an ongoing civil war either because their interests were directly threatened or in order to avert grave humanitarian consequences. Parts I and II will define and explore the various permutations of multilateral and regional intervention. Part III will summarize the legal justifications advanced in favor of or against multilateral military intervention. Part IV will examine, through the use of country case studies, interventions where states either deviated from or ignored completely Article 2(4)'s prohibition against the use of force …
Les Criteres De L'Acte Jure Imperii Dans La Pratique Contemporaine, Sompong Sucharitkul
Les Criteres De L'Acte Jure Imperii Dans La Pratique Contemporaine, Sompong Sucharitkul
Publications
Mémoire de DEA en droit international public Dirigé par M. le Professeur JOE VERHOEVEN.
When Is A Court "Punishing" Out-Of-State Conduct Rather Than Merely "Considering" Such Conduct?, Rachel A. Van Cleave
When Is A Court "Punishing" Out-Of-State Conduct Rather Than Merely "Considering" Such Conduct?, Rachel A. Van Cleave
Publications
No abstract provided.
Aligning Or Maligning? Getting Inside A New Idea, Getting Behind No Child Left Behind And Getting Outside Of It All, Stephen A. Rosenbaum
Aligning Or Maligning? Getting Inside A New Idea, Getting Behind No Child Left Behind And Getting Outside Of It All, Stephen A. Rosenbaum
Publications
In this article, I briefly review the background for the latest iteration of federal special education policy, the reauthorization of the Individuals with Disabilities Education (Improvement) Act or IDEA. With a slight apology to ardent advocates for parents and children with disabilities, I then suggest ways that they and their clients can set aside their concerns about a diluted statute and learn to live with a changed legal landscape — and perhaps even flourish in an educational system that aims to raise the standards for all students. With each cycle of program review, policy revisitation and legislative revision, those who …
Necessity Makes The Frog Jump: Land-Use Planning And Urban Agriculture In Cuba, Colin Crawford
Necessity Makes The Frog Jump: Land-Use Planning And Urban Agriculture In Cuba, Colin Crawford
Publications
This Article addresses the land-use planning implications of Cuban urban organic agriculture. Part II begins by briefly placing the Cuban urban agricultural experience in an international context, noting that many of the successes, and potential threats to, Cuban urban agriculture share features similar to efforts in other countries both more and less developed than Cuba. In light of this context, Part II will then evaluate the implications of urban agriculture for Cuban land-use planning. To this end, Part II will identify the advantages of urban agriculture for urban living. In addition, Part II will also describe the Cuban effort to …
Cyberplace: Defining A Right To Internet Access Through Public Accommodation Law, Colin Crawford
Cyberplace: Defining A Right To Internet Access Through Public Accommodation Law, Colin Crawford
Publications
Following the introduction, Part II makes the case that public accommodation law is an appropriate legal vehicle to establish a right of Internet access. Part III begins with a brief review of the current state of public accommodation law followed by a consideration, in light of that review, of some of the possible limitations of public accommodation principles for regulating the Internet. I will then identify which aspects of the Internet should be classified as places of public accommodation. In this connection, I will examine debates about the nature and scope of public accommodation principles as they apply to persons …
Notes From The Underground, Vol.2#2, March, 2003
Notes From The Underground, Vol.3#2, December, 2003
Notes From The Underground, Vol.3#1, September, 2003
Notes From The Underground, Vol.3#1, September, 2003
Newsletters
No abstract provided.
"Death Is Different" - Is Money Different? Criminal Punishments, Forfeitures, And Punitive Damages - Shifting Constitutional Paradigms For Assessing Proportionality, Rachel A. Van Cleave
"Death Is Different" - Is Money Different? Criminal Punishments, Forfeitures, And Punitive Damages - Shifting Constitutional Paradigms For Assessing Proportionality, Rachel A. Van Cleave
Publications
Part I of this Article reviews the case law regarding judicial review of both terms of imprisonment and imposition of the death penalty. In this section, I argue for consistency within this area of the law. Some jurisprudence suggests that, because "death is different," proportionality review is appropriate only in the death penalty context, and is either not required or only applies in an extremely narrow example, such as life imprisonment for a parking ticket. Part II examines Supreme Court precedent that analyzes the question of proportionality of forfeitures and punitive damages awards. In the context of forfeitures, the debate …
Improving State Environmental Enforcement Performance Through Enhanced Government Accountability And Other Strategies, Clifford Rechtschaffen, David L. Markell
Improving State Environmental Enforcement Performance Through Enhanced Government Accountability And Other Strategies, Clifford Rechtschaffen, David L. Markell
Publications
This Article discusses a number of options for EPA to strengthen state performance and bring it more in line with EPA's expectations. First, EPA must play a stricter gate-keeping function in initially authorizing state programs, and more regularly reassess and report the adequacy of state enforcement authorities and state capacity. Second, EPA must stop delivering a mixed message to the states about the enforcement practices it expects the states to follow. Instead, it must establish clear expectations for performance. Third, in terms of the substance of those expectations, EPA should revise its criteria for evaluating whether state enforcement programs work. …
Interloper In The Fields Of Academe, Peter Keane
Interloper In The Fields Of Academe, Peter Keane
Publications
First-time experiences of a non-traditional dean.
2003 Summary Of Legislation, Assembly Committee On Jobs, Economic Development And The Economy
2003 Summary Of Legislation, Assembly Committee On Jobs, Economic Development And The Economy
California Assembly
No abstract provided.
2003 Legislative Summary, Assembly Committee On Local Government
2003 Legislative Summary, Assembly Committee On Local Government
California Assembly
No abstract provided.
2003 Bill Summary, Assembly Committee On Judiciary
2003 Bill Summary, Assembly Committee On Judiciary
California Assembly
No abstract provided.
2003 Legislative Summary, Assembly Committee On Insurance
2003 Legislative Summary, Assembly Committee On Insurance
California Assembly
No abstract provided.
Legislative Summary 2003 Session, Assembly Committee On Education
Legislative Summary 2003 Session, Assembly Committee On Education
California Assembly
No abstract provided.
2003 Legislative Summary, Assembly Committee On Labor And Employment
2003 Legislative Summary, Assembly Committee On Labor And Employment
California Assembly
No abstract provided.
Summary Of Legislation 2003, Assembly Committee On Transportation
Summary Of Legislation 2003, Assembly Committee On Transportation
California Assembly
No abstract provided.
Resident's Handbook: A Compilation Of Laws Related To Mobilehomes And Recreational Vehicles, Assembly Select Committee On Mobilehomes
Resident's Handbook: A Compilation Of Laws Related To Mobilehomes And Recreational Vehicles, Assembly Select Committee On Mobilehomes
California Assembly
Includes 2003 Mobilehome Residency Law, Recreational Vehicle Park Occupancy Law, Manufactured & Mobile Home Resale Disclosures, and other selected statutes.
Annual Report 2002-2003: Growing Affordability, California Housing Finance Agency
Annual Report 2002-2003: Growing Affordability, California Housing Finance Agency
California Agencies
No abstract provided.