Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (8)
- Environmental Law (6)
- International Law (6)
- Property Law and Real Estate (5)
- State and Local Government Law (5)
-
- Supreme Court of the United States (4)
- Business Organizations Law (3)
- Civil Rights and Discrimination (3)
- Comparative and Foreign Law (3)
- Criminal Law (3)
- Criminal Procedure (3)
- Dispute Resolution and Arbitration (3)
- Fourteenth Amendment (3)
- Indigenous, Indian, and Aboriginal Law (3)
- International Trade Law (3)
- Jurisprudence (3)
- Law and Economics (3)
- Law and Gender (3)
- Legal History (3)
- Bankruptcy Law (2)
- Courts (2)
- Law and Philosophy (2)
- Law and Politics (2)
- Legal Profession (2)
- Legislation (2)
- Litigation (2)
- Agency (1)
- Common Law (1)
- Conflict of Laws (1)
- Keyword
-
- Constitutional law (5)
- Constitutional theory (3)
- GATT (3)
- Judges (3)
- Trade (3)
-
- WTO (3)
- Antideficiency (2)
- Book review (2)
- CCP 580 (2)
- CCP 726 (2)
- Colorado courts (2)
- Deficiency judgment (2)
- Dispute settlement (2)
- England (2)
- Environmental protection (2)
- Foreclosure (2)
- Fourteenth Amendment (2)
- Indigenous peoples (2)
- International environmental law (2)
- Interpretation (2)
- Police (2)
- Trustee sale (2)
- UNCLOS (2)
- United Nations Convention on the Law of the Sea (2)
- United States Supreme Court (2)
- "no knock" warrants (1)
- 1989 ILO Convention on Indigenous and Tribal Peoples (1)
- AB 1258 (1)
- Aboriginal lands (1)
- Adultery laws (1)
Articles 1 - 30 of 40
Full-Text Articles in Law
Community Property Reimbursement, Roger Bernhardt
Community Property Reimbursement, Roger Bernhardt
Publications
This article discusses how California community property rules intersect with dissolution and bankruptcy claims, dealing with the effect of a couple making the down payment with funds from one of the spouse’s parents.
Deterrence Vs. Cooperation And The Evolving Theory Of Environmental Enforcement, Clifford Rechtschaffen
Deterrence Vs. Cooperation And The Evolving Theory Of Environmental Enforcement, Clifford Rechtschaffen
Publications
This Article critically examines the assumptions underlying the reform movement, and concludes that we should ease the rush to dismantle traditional, deterrence-based civil enforcement. While some of the underlying critiques of traditional enforcement have merit, they do not demonstrate that a wholesale shift to a primarily cooperative-oriented approach will improve compliance with environmental law. In fact, a deterrence based system of enforcement contains many attributes that are equally if not more essential to achieving compliance. Rather than discarding the current enforcement approach, we should move to a system of environmental enforcement that is grounded in deterrence theory but integrates the …
What I Did On Sabbatical: Returning After 15 Years To My Old Haunts At The Hall Of Justice, Susan Rutberg
What I Did On Sabbatical: Returning After 15 Years To My Old Haunts At The Hall Of Justice, Susan Rutberg
Publications
No abstract provided.
Foreclosure Shortfalls, Roger Bernhardt
Foreclosure Shortfalls, Roger Bernhardt
Publications
This article discusses California cases where buyers successfully sued sellers for fraud, but offsets then entitles the sellers to foreclose.
Fair Value, Roger Bernhardt
Fair Value, Roger Bernhardt
Publications
This article deals with California foreclosure, deficiency judgments, postsale redemption and fair value.
Finders Weepers, Roger Bernhardt
Finders Weepers, Roger Bernhardt
Publications
This article analyzes a California decision involving a finder’s fee agreement.
Introduction To The Issue: Metropolitan Vantage Point, Paul Stanton Kibel
Introduction To The Issue: Metropolitan Vantage Point, Paul Stanton Kibel
Publications
No abstract provided.
Is Attachment Once Again Safe?, Roger Bernhardt
Is Attachment Once Again Safe?, Roger Bernhardt
Publications
This article discusses a California statute that authorizes undersecured lenders to obtain prejudgment attachment on their debtor’s other assets in light of the one-action rule.
Thailand: Constitutional Developments Since Amendment No. 5 Of 10 February 1995 To The Constitution Of 9 December 1991, Sompong Sucharitkul
Thailand: Constitutional Developments Since Amendment No. 5 Of 10 February 1995 To The Constitution Of 9 December 1991, Sompong Sucharitkul
Publications
Pre-publication essay. Later published as a chapter in Gisberg H. Flanz, ed. Constitutions of the Countries of the World (Oceana 1998).
Criminal Law, Rachel A. Van Cleave
Criminal Law, Rachel A. Van Cleave
Publications
There is no single theme emerging from the variety of cases decided by the Fifth Circuit during this survey period. Nonetheless, the interpretational issues following both the Bailey and Lopez Supreme Court cases illustrate the extent to which some confusion still remains. In addition, it will be interesting to observe whether the inconsistencies in the Branch opinion, discussed in Part I of this article, impact future cases involving more than one defendant.
The Urban Nexus: Open Space, Brownfields And Justice, Paul S. Kibel
The Urban Nexus: Open Space, Brownfields And Justice, Paul S. Kibel
Publications
Although it is not too difficult a task to describe the reality of urban decline, it is another task altogether to identify and isolate the underlying trigger of this decline. Many different culprits have been proposed, including racism, capitalism, environmental extremism, postindustrialism, technology, drugs, the media, the automobile, the police, the public school system, too much government regulation, and too little government regulation. Is one of the these issues or entities the true cause? Is there a precise cause and effect explanation for why our cities are now subject to such powerful and destructive economic, environmental, and racial pressures?
These …
Unification Of Private Law And Codification Of International Law, Sompong Sucharitkul
Unification Of Private Law And Codification Of International Law, Sompong Sucharitkul
Publications
Unification of private law is principally a task undertaken by the Institute for the Unification of Private Law (UNIDROIT), while the codification and progressive development of international law constitute the dual function of the International Law Commission (ILC). The purpose of this brief essay is to illustrate how in several areas and in more aspects than one, the activities of UNIDROIT and the achievements of the Commission can be found in the same or similar, if not indeed identical, overlapping areas of study.
It is not intended to attempt a comprehensive survey of past performance and experience of the two …
State Constitutional Interpretation And Methodology, Rachel A. Van Cleave
State Constitutional Interpretation And Methodology, Rachel A. Van Cleave
Publications
The question of constitutional theory in state courts often results in a comparative analysis of the state and federal constitutions. Typically where a comparative analysis is used, the purpose is to support the authority of the state court to interpret the state document independently and to justify an interpretation and result that diverge from federal precedent. While this approach may add to the persuasiveness of the opinion, it does little to advance the role of state courts in the dialogue of constitutionalism. The critical tension in state constitutionalism is between the need to persuade critics that the state court is …
Thai Law And Buddhist Law, Sompong Sucharitkul
Thai Law And Buddhist Law, Sompong Sucharitkul
Publications
The purpose of this Report is to examine the inherent links between Buddhist Law and Thai law, their coexistence, interrelations and mutual influence within the existing legal system and the religious order of Thailand.
Toward A Coherent Theory Of Strict Tort Liability For Trademark Licensors, David Franklyn
Toward A Coherent Theory Of Strict Tort Liability For Trademark Licensors, David Franklyn
Publications
In this Article, I argue that the control tightrope and the general indeterminacy of licensor liability law is neither necessary nor desirable. Once the courts acknowledge that the relevant task is to design a set of flexible vicarious liability rules-rules that account for licensor control and involvement but which do not require proof of agency--constructing a coherent theory of licensor liability should be possible. The challenge is to articulate a set of rules that will impose strict (vicarious) liability on licensors who are not mere passive investors but who exert substantial control over their licensees, and who use the licensing …
State Sovereign Immunity And The Bankruptcy Code (Part One), Karen Gebbia
State Sovereign Immunity And The Bankruptcy Code (Part One), Karen Gebbia
Publications
This article is the first of a two-part series in which Professor Gebbia-Pinetti considers how the complexities of state sovereign immunity apply to bankruptcy actions. The present article lays the foundation by analyzing the source, scope, and nature of states' immunity from suits filed in federal court to enforce state and federal law. This includes a discussion of traditional sovereign immunity, Eleventh Amendment immunity, abrogation of immunity, and the Supreme Court's decision in Seminole Tribe v. Florida. The second article will consider the extent to which the bankruptcy estate may enforce Bankruptcy Code actions against the states, notwithstanding state sovereign …
State Sovereign Immunity And The Bankruptcy Code (Part Two), Karen Gebbia
State Sovereign Immunity And The Bankruptcy Code (Part Two), Karen Gebbia
Publications
This article is the second of a two-part series in which Professor Gebbia-Pinetti considers how the complexities of state sovereign immunity apply to bankruptcy actions. The first article laid the foundation by analyzing the source, scope, and nature of states' immunity from suits filed in federal, court to enforce state and federal law (Journal of Bankruptcy Law and Practice, September/October 1998). The present article considers the extent to which the bankruptcy estate may enforce Bankruptcy Code actions against the states, notwithstanding state sovereign immunity.
Customary International Law, S. James Anaya
Publicity In High Profile Criminal Cases, H. Patrick Furman
Publicity In High Profile Criminal Cases, H. Patrick Furman
Publications
No abstract provided.
Notice And Notification Under The Revised Uniform Partnership Act: Some Suggested Changes, J. Dennis Hynes
Notice And Notification Under The Revised Uniform Partnership Act: Some Suggested Changes, J. Dennis Hynes
Publications
This Article addresses the decision by the drafters of the revised Uniform Partnership Act (1996) (RUPA) to reduce the traditional defenses available to partnerships in apparent authority cases. RUPA eliminated the requirement that apparent authority claims against a partnership be based on the claimant's reasonable expectations. Under RUPA a partnership is liable for a partner's unauthorized act even when the claimant had reason to know the act was unauthorized. A defense based on the claimant's knowledge is effective only when the claimant actually knows--is cognitively aware--that the act was unauthorized. This Article argues that this places an unfair burden on …
Women And The Promise Of Equal Citizenship, Jennifer S. Hendricks
Women And The Promise Of Equal Citizenship, Jennifer S. Hendricks
Publications
Anticipating the decision in United States v. Morrison (2000), holding that the civil rights remedy of the Violence Against Women Act was not a legitimate exercise of Congress's power to enforce the Equal Protection Clause, this article argues that the Act could be upheld as an exercise of Congress's authority under the Citizenship Clause of the Fourteenth Amendment. Congress's authority under the Citizenship Clause is analogous to its authority under the "badges and incidents" doctrine of the Thirteenth Amendment, which allows Congress to provide protection from discriminatory violence. This theory would also guide interpretation of the act to focus on …
Cases Versus Theory, Richard B. Collins
Historical Water Use And The Protection Of Vested Rights: A Challenge For Colorado Water Law, James N. Corbridge Jr.
Historical Water Use And The Protection Of Vested Rights: A Challenge For Colorado Water Law, James N. Corbridge Jr.
Publications
No abstract provided.
The Execution Of Search Warrants, H. Patrick Furman
The Execution Of Search Warrants, H. Patrick Furman
Publications
No abstract provided.
Book Review, Lakshman D. Guruswamy
The Promise Of The United Nations Convention On The Law Of The Sea (Unclos): Justice In Trade And Environment Disputes, Lakshman Guruswamy
The Promise Of The United Nations Convention On The Law Of The Sea (Unclos): Justice In Trade And Environment Disputes, Lakshman Guruswamy
Publications
No abstract provided.
Should Unclos Or Gatt/Wto Decide Trade And Environment Disputes?, Lakshman D. Guruswamy
Should Unclos Or Gatt/Wto Decide Trade And Environment Disputes?, Lakshman D. Guruswamy
Publications
No abstract provided.
A New Options Theory For Risk Multipliers Of Attorney's Fees In Federal Civil Rights Litigation, Peter H. Huang
A New Options Theory For Risk Multipliers Of Attorney's Fees In Federal Civil Rights Litigation, Peter H. Huang
Publications
Given the importance of private enforcement of federal civil rights laws, Congress and the courts have attempted to encourage plaintiffs' attorneys to accept meritorious civil rights cases through fee shifting and risk multipliers. Recently, however, the Supreme Court has essentially prohibited the use of risk multipliers, thus undercompensating attorneys for the risk of losing civil rights actions and discouraging the filing of such cases. In this Article, Professor Huang develops a new options-based theory of calculating attorney's fees. Professor Huang argues that a lawsuit consists of a sequence of options to continue with the case rather than a once-and-for-all irreversible …
Dangers Of Monetary Commensurability: A Psychological Game Model Of Contagion, Peter H. Huang
Dangers Of Monetary Commensurability: A Psychological Game Model Of Contagion, Peter H. Huang
Publications
No abstract provided.
The Corporate Director's Duty Of Oversight, Mark J. Loewenstein
The Corporate Director's Duty Of Oversight, Mark J. Loewenstein
Publications
No abstract provided.