Law Commons^™

New Procedures Will Aid Accurate Eyewitnes Identification, Lisa Bruiniers, Craig Ching, Mark Goossens, Dan Taylor

Student Publications

No abstract provided.

Reception Celebrates Law School Clinics' 10+ Years Of Service To Community, Lorri Ungaretti

Press Releases

No abstract provided.

Search For Truth Or Reality Show?, Peter Keane

Publications

No abstract provided.

Taking Title To Servient Tenements, Roger Bernhardt

Publications

This article previews two California cases where easements were acquired - one through prescription, the other by implication – and where conditions had thereafter changed before the defendants had acquired the servient parcels. The article deals with the question as to how title insurance protects clients who are acquiring property against being held subject to easements that were not recorded.

Revenue And Taxation Legislative Summary 2004, Assembly Committee On Revenue And Taxation

California Assembly

MEMBERS:
Honorable Rudy Bermudez, Chair
Honorable Mark Wyland, Vice Chair
Honorable Ed Chavez
Honorable Judy Chu
Honorable Tom Harman
Honorable John Laird
Honorable Mark Leno

STAFF:
Kimberly Bott, Chief Consultant
Eileen Roush, Principal Consultant
Christine Hiersche, Committee Secretary

Legislative Bill Summary: 2003-2004 Legislative Session, Assembly Committee On Natural Resources

California Assembly

Hannah-Beth Jackson, Chair

Committee Members:
Doug La Malfa, Vice Chairman
Loni Hancock
Tom Harman
Ray Haynes
Rick Keene
Paul Koretz
John Laird
Sally Lieber
Alan Lowenthal
Lois Wolk

Committee Staff:
Jeff Arthur, Chief Consultant
Kyra Ross, Senior Consultant
Manual Valencia, Senior Consultant
Aurora Wallin, Committee Secretary

Assembly Committee On Public Safety: 2004 Bill Summary, Assembly Committee On Public Safety

California Assembly

MEMBERS
Mark Leno, Chair
Jay La Suer, Vice Chair
Mervyn M. Dymally
Jackie Goldberg
Todd Spitzer
Vacancy

COMMITTEE STAFF
Gregory Pagan, Chief Counsel
Kathleen Ragan, Counsel
Harry Ermoian, Counsel
Heather Hopkins, Counsel
Sue Highland, Committee Secretary
Toni J. Nakashima, Committee Secretary

Talking Turkey: Law School Dean Frederic White Spreads The News About His Life, His Philosophy And His New Job, Lauren Hauptman

2004-2008: Frederick White

No abstract provided.

Legislative Summary For 2003-2004, Assembly Committee On Housing And Community Development

California Assembly

Members:
Alan Lowenthal, Chair
Robert Dutton, Vice-Chair
Dennis Mountjoy, Vice-Chair
David Cogdill
John Dutra
Christine Kehoe
Gene Mullin
Sharon Runner
Simon Salinas
Darrell Steinberg

Staff:
Hubert O. Bower, Jr., Chief Consultant
Lisa Engel, Consultant
Jay Barkman, Consultant
Yvonne Fong, Committee Secretary

Police Departments Should Record Custodial Interrogations, Robert K. Calhoun, Susan Rutberg

Publications

No abstract provided.

Revising The Arbitration Clause In Real Estate Contracts, Roger Bernhardt

Publications

This article discusses arbitration clauses between buyers, sellers, and brokers. In California. CCP 1298 is preempted by 9 USC 2, but agreements, however, may still require being initialed. Brokers are cautioned on using the CAR Residential Purchase form because the arbitration clause may be ineffective.

Trends In The Murder Of Juveniles: 1980-2000, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Commencement Program, 2004

Commencement

No abstract provided.

From Case Method To Problem Method: The Evolution Of A Teacher, Myron Moskovitz

Publications

No abstract provided.

Successful Program Implementation: Lessons From Blueprints, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Prostitution Of Juveniles: Patterns From Nibrs, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Detection And Prevalence Of Substance Use Among Juvenile Detainees, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Lawyers And Lot Lines, Roger Bernhardt

Publications

This article discusses doctrines dealing with encroachments. An encroachment may be protected by showing that it is permanent and has existed for more than three years; however, there are cases to the contrary. Adverse possession or prescriptive easement theoriues can also be used if the property was possessed for at least five years and other standards are met. Additiionally agreed boundaries and good faith improvements doctrines may apply.

Lawyers And Lot Lines, Roger Bernhardt

Publications

This article discusses doctrines dealing with encroachments. An encroachment may be protected by showing that it is permanent and has existed for more than three years; however, there are cases to the contrary. Adverse possession or prescriptive easement theories can also be used if the property was possessed for at least five years and other standards are met. Additionally, agreed boundaries and good faith improvements doctrines may apply.

Bush The Elder Knew Not To Invade Iraq, Eugene A. Brodsky

Publications

No abstract provided.

Meet Dean Frederic White, Lorri Ungaretti

2004-2008: Frederick White

No abstract provided.

Intellectual Property And Golden Gate University, Marc Greenberg

Publications

Golden Gate University School of Law is uniquely positioned to train lawyers in this fast-paced field. Located in the heart of the hi-tech SOMA neighborhood of San Francisco and just north of Silicon Valley, the Law School is able to draw upon a rich community of legal and business expertise in Intellectual Property.

The High Seas Lowdown: An Introduction To The Issue, Paul Stanton Kibel

Publications

No abstract provided.

The California Taxpayers' Bill Of Rights, State Board Of Equalization

California Agencies

No abstract provided.

International Law At The Crossroads, Sompong Sucharitkul

Publications

Appropriately enough, the current session is entitled "International Law at the Crossroads". As States are governed by international law, without exception, every precaution should be taken before the next move is to be made for the law to go ahead or forward at this juncture after having carefully looked to the left and to the right. The law could indeed be moving straight forward, continuing on the same path at the same pace it has been taking. Alternatively, it could take a tum, and there are more than one turning, to the left or to the right. Finally, international law …

Promoting Pragmatic Risk Regulation: Is Enforcement Discretion The Answer?, Clifford Rechtschaffen

Publications

Over the past decade and more, there has been a sustained attack on our nation's approach for regulating environmental, health and safety risk. Critics have argued that the current system is inefficient, irrational, and overly rigid and have proposed a raft of solutions for improving our regulatory approach, most prominently greater reliance on cost-benefit analysis. In Risk Regulation at Risk: Restoring A Pragmatic Approach, Professors Sidney Shapiro and Robert Glicksman offer a strong, coherent defense for our current system for environmental, health and safety regulation based on the long-standing philosophical tradition of pragmatism. Their book persuasively documents how risk-based statutes …

Deconstructing Development, Jon H. Sylvester, Ruth E. Gordon

Publications

The objective in this article is to construct and then deconstruct the concept of development, and to question whether development is so fundamentally flawed that it should be abandoned in favor of a post-development paradigm.

Part I constructs the theory of development, beginning with the discovery of global poverty after the Second World War. It establishes how poverty is in some respects socially contingent, and how the notion of global poverty suddenly homogenized and problematized the lives of the majority of the world's peoples. With the impending Cold War and the disintegration of colonial empires as crucial backdrops, industrialized nations …

Enforcing The Clean Water Act In The Twenty-First Century: Harnessing The Power Of The Public Spotlight, Clifford Rechtschaffen

Publications

Thirty years after the passage of the Clean Water Act, how can we strengthen enforcement of the CWA, increase rates of compliance, and move closer to achieving the statute's un-derlying objectives? This Article argues that legislators and policymakers looking for solutions in this resource-strapped era should harness the power of the public spotlight to enhance enforcement efforts. Part I describes the strong Congressional and public support for vigorous enforcement of the statute. Part II discusses how successfully the NPDES program currently is being implemented by the states and the EPA. The record of performance shows that there are numerous deficiencies …

Advising The Pro Se Defendant: The Trial Court's Duties Under Faretta, Myron Moskovitz

Publications

In Faretta v. California, the United States Supreme Court held that a defendant in a criminal trial has a constitutional right to represent himself-to act "pro se." "The Sixth Amendment does not provide merely that a defense shall be made for the accused; it grants to the accused personally the right to make his defense.

If a defendant chooses to represent himself, what, if anything, must the trial court do to assist him? Must the trial court advise him of his right to exercise peremptory challenges? To make evidentiary objections? To cross-examine prosecution witnesses? To subpoena his own witnesses? To …

Attorney Fees Clause For Compensation But Not Fraud Claims: Hasler V Howard, 2004, Roger Bernhardt

Publications

This article discusses a California case holding that an attorney fees clause in a listing agreement limited to actions regarding broker’s compensation did not cover fees incurred by a broker in seller’s failed fraud action.