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Full-Text Articles in Law

Advancing Environmental Justice Norms, Clifford Rechtschaffen Nov 2003

Advancing Environmental Justice Norms, Clifford Rechtschaffen

Publications

Part I of this Article provides brief background on the environmental justice movement. Part 11 generally describes some of the challenges that environmental justice principles pose for the traditional environmental decision-making paradigm. Part III presents several specific examples of how environmental justice norms can be incorporated to improve the ethical outcomes of traditional agency decision making.


Tips From An Appellate Lawyer, Myron Moskovitz Sep 2003

Tips From An Appellate Lawyer, Myron Moskovitz

Publications

No abstract provided.


The Lessened Lis Pendens, Roger Bernhardt Sep 2003

The Lessened Lis Pendens, Roger Bernhardt

Publications

This article warns attorneys to advise their clients to think twice before recording that lis pendens. Two California cases demonstrate that attempts to obtain a lis pendens may be worse than ineffective, and quite dangerous, leading to liability for attorney fees and compensatory and punitive damages.


Failing Grade: Our Irrelevant Bar Exam, Roger Bernhardt Jul 2003

Failing Grade: Our Irrelevant Bar Exam, Roger Bernhardt

Publications

This article criticizes the California Bar Exam’s testing of real property. The author argues that the Exam fails to test modern issues relevant to everyday practice.


Balancing The Automatic Stay, Roger Bernhardt, James Stillman Jul 2003

Balancing The Automatic Stay, Roger Bernhardt, James Stillman

Publications

This article discusses a Ninth Circuit Bankruptcy Appellate Panel decision holding that purchasers at a trustee sale can successfully have the stay that originally prohibited the sale annulled if the court finds that the equities are in their favor.


Making Sense Out Of Insurance, Condemnation, And Settlement Clauses In Deeds Of Trust, Roger Bernhardt May 2003

Making Sense Out Of Insurance, Condemnation, And Settlement Clauses In Deeds Of Trust, Roger Bernhardt

Publications

This article discusses a California case that held that moneys received by trustors in settlement of their damage claims against a contractor need not be turned over to their lender pursuant to their deed of trust, but concludes that other court are not likely to agree with the holding that “owed” means “amounts currently due and payable” instead of principal balance, and that lenders will probably revise their forms to escape that reasoning..


Nature Of The Beast: An Introduction To The Issue, Paul Stanton Kibel Apr 2003

Nature Of The Beast: An Introduction To The Issue, Paul Stanton Kibel

Publications

No abstract provided.


The Disturbed Subtenant Roger Bernhardt, Roger Bernhardt Mar 2003

The Disturbed Subtenant Roger Bernhardt, Roger Bernhardt

Publications

This article discusses the advantages of a nondistrubance and attornment provision in a lease. An NDA clause benefits the both the subtenant and landlord and may help a tenant attract subtenants. It gives security to subtenants that if the tenant declares bankruptcy the subleases will remain intact. The landlord benefits because it eliminates the need to find new tenants.


Help For Youths Leaving Foster Care, Michele Benedetto Neitz Feb 2003

Help For Youths Leaving Foster Care, Michele Benedetto Neitz

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 Jan 2003

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 speak ...


Les Criteres De L'Acte Jure Imperii Dans La Pratique Contemporaine, Sompong Sucharitkul Jan 2003

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 Jan 2003

When Is A Court "Punishing" Out-Of-State Conduct Rather Than Merely "Considering" Such Conduct?, Rachel A. Van Cleave

Publications

No abstract provided.


Necessity Makes The Frog Jump: Land-Use Planning And Urban Agriculture In Cuba, Colin Crawford Jan 2003

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 Jan 2003

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 ...


Broker Buying And Then Reselling: Roberts V Lomanto, 2003, Roger Bernhardt Jan 2003

Broker Buying And Then Reselling: Roberts V Lomanto, 2003, Roger Bernhardt

Publications

This article discusses a California case which held that a seller’s real estate agent breached her fiduciary duty when she contracted to purchase the property, assigned the contract to a third party buyer, and refused to disclose to the seller the amount of the assignment fee or third party buyer’s purchase price.


Conflict Of Interest From Preparing Note Used By Client: Hetos Invs., Ltd. V Kurtin, 2003, Roger Bernhardt Jan 2003

Conflict Of Interest From Preparing Note Used By Client: Hetos Invs., Ltd. V Kurtin, 2003, Roger Bernhardt

Publications

This article discusses a California case which held that a law firm not barred from representing its client in a lawsuit contending that a promissory note it prepared on the client’s behalf was usurious under California law.


Dragnet Clauses: Fischer V First Int’L Bank, 2003, Roger Bernhardt Jan 2003

Dragnet Clauses: Fischer V First Int’L Bank, 2003, Roger Bernhardt

Publications

This article discusses a California case which held that a boilerplate “dragnet” clause in a deed of trust did not defeat the borrower’s claim that the bank’s other loans to the borrower were not cross-collateralized.


Frustrated High Bidders At Void Foreclosure Sales: Residential Capital V Cal-W. Reconveyance, 2003, Roger Bernhardt Jan 2003

Frustrated High Bidders At Void Foreclosure Sales: Residential Capital V Cal-W. Reconveyance, 2003, Roger Bernhardt

Publications

This article discusses a California case which held that a high bidder at a foreclosure sale, who is later denied a trustee’s deed because of a defect discovered after its bid was accepted, has no claim to the “benefit of the bargain” damages.


Foreclosure Purchaser Vs Late Redeeming Owner: Nguyen V Calhoun, 2003, Roger Bernhardt Jan 2003

Foreclosure Purchaser Vs Late Redeeming Owner: Nguyen V Calhoun, 2003, Roger Bernhardt

Publications

This article discusses a California case which held that a purchaser at a foreclosure sale acquires good title to property, despite the defaulting borrower’s sale of the property on the same day, when the lender did not receive the payoff funds until after the foreclosure sale.


Landlord’S Construction Of Defective Tenant Improvements: Del Taco V University Real Estate, 2003, Roger Bernhardt Jan 2003

Landlord’S Construction Of Defective Tenant Improvements: Del Taco V University Real Estate, 2003, Roger Bernhardt

Publications

This article discusses a California case which held the transfer of property relieved a former lessor of liability to the lessee because the sale of the property terminated privity of estate.


Interference With Contract And The “Manager’S Privilege”: Huynh V Vu, 2003, Roger Bernhardt Jan 2003

Interference With Contract And The “Manager’S Privilege”: Huynh V Vu, 2003, Roger Bernhardt

Publications

This article discusses a California case which held that, in an action by a broker against a seller’s husband, who managed the seller’s property, for tortious inference, the husband was entitled to assert the defense of “manager’s privilege.”


Love Your Husband – But Don’T Lend Him Money, Roger Bernhardt Jan 2003

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.


Liquidated Damage Provisions In Sales Contracts: Timney V Lin, 2003, Roger Bernhardt Jan 2003

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.


Late Payment Penalties In Leases: Harbor Island Holdings V Kim, 2003, Roger Bernhardt Jan 2003

Late Payment Penalties In Leases: Harbor Island Holdings V Kim, 2003, Roger Bernhardt

Publications

This article discusses a California case which held a provision of a commercial lease doubling rent in the event of breach by the tenant was an unenforceable penalty.


Measure Of Liability For Broker Misrepresentation: Fragale V Faulkner, 2003, Roger Bernhardt Jan 2003

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 Jan 2003

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 Jan 2003

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.


Seller’S Withdrawal For Buyer’S Late Performance: Ninety Nine Invs. V Overseas Courier Serv., 2003, Roger Bernhardt Jan 2003

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 Jan 2003

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.


An Uneasy Peace: Multilateral Military Intervention In Civil Wars, Eleanor Lumsden Jan 2003

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 ...