Law Commons^™

Final Report - California Commission On Tax Policy In The New Economy, California Commission On Tax Policy In The New Economy

California Agencies

No abstract provided.

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.

Revenue And Taxation Legislative Summary 2003, Assembly Committee On Revenue And Taxation

California Assembly

MEMBERS:
Honorable Ed Chavez, Chair
Honorable Mark Wyland, Vice Chair
Honorable Tom Harman
Honorable John Laird
Honorable Mark Leno
Honorable Joe Simitian
Democratic Vacancy

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

Assembly Committee On Public Safety: 2003 Bill Summary, Assembly Committee On Public Safety

California Assembly

MEMBERS
Mark Leno, Chair
Jay La Suer, Vice Chair
Rudy Bermudez
Jackie Goldberg
Paul Koretz
John Longville
Todd Spitzer

COMMITTEE STAFF
Bruce E. Chan, Chief Counsel
Gregory Pagan, Counsel
Kathleen Ragan, Counsel
Danielle A. Lee, Counsel
Sue Highland, Committee Secretary
Toni J. Nakashima, Committee Secretary

Memories In My Years As Dean, Peter Keane

1999-2003: Peter Keane

No abstract provided.

Epic Proportions: Violence Against Women In California 1992-99, California Department Of Health Services

California Agencies

EPIC Proportions is a series of reports on injury control produced by the Epidemiology and Prevention for Injury Control (EPIC) Branch. This report, prepared by Laura E. Lund, M.A., updates a previous EPIC Proportions: Violent Injuries to Women in California.

Guidebook For Implementation Of Senate Bill 1610 And Senate Bill 221 Of 2001 To Assist Water Suppliers, Cities, And Counties In Integrating Water And Land Use Planning, California Department Of Water Resources

California Agencies

Senate Bills 610 (Chapter 643, Statutes of 2001) and Senate Bill 221 (Chapter 642, Statutes of 2001) amended state law, effective January 1, 2002, to improve the link between information on water supply availability and certain land use decisions made by cities and counties. SB 610 and SB 221 are companion measures which seek to promote more collaborative planning between local water suppliers and cities and counties. Both statutes require detailed information regarding water availability to be provided to the city and county decision-makers prior to approval of specified large development projects. Both statutes also require this detailed information be …

California's Groundwater, Department Of Water Resources

California Agencies

No abstract provided.

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.

Tips From An Appellate Lawyer, Myron Moskovitz

Publications

No abstract provided.

Benched: Ggu Alumni Offer Sound Judgment, Melissa Stein

Articles About GGU Law

No abstract provided.

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.

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.

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..

California High Water, Department Of Water Resources

California Agencies

Department of Water Resources Bulletin 69-95. Cover has date of May, 2003. Title page has date of October 2003.

The Bush Record On The Environment: What A Difference Two Years Make, Clifford Rechtschaffen

Environmental Law and Justice Clinic

Although the Bush Administration has proposed a few environmentally positive initiatives . . . these initiatives have been far over-shadowed by the efforts to weaken or roll back environmental protections.

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

Publications

No abstract provided.

Recent Developments In International And Comparative Law And Feasible Alternatives To The Use Of Force In Contemporary International Law, Sompong Sucharitkul

The Sompong Sucharitkul Center for Advanced International Legal Studies

Last year, Golden Gate presented "A Survey of Progressive Developments of International Law and Order since the events of 11 September 2001 ". This year, a further succession of events have taken place that warrant a fresh examination of "Recent Developments in International and Comparative Law on the Urgent Necessity for Feasible Alternatives to the Use of Force in Contemporary International Law." An imminent and impending threat of the preemptive use of force to prevent war and continuing deployment of forces poised to strike as if to demonstrate that the only plausible means to achieve the ultimate peace is to …

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

Publications

No abstract provided.

Medi-Cal Funded Induced Abortions 2001, Department Of Health Services

California Agencies

This report provides summary data on the number of fee-for-service Medi-Cal funded abortions performed during 2001, the type of facility where a procedure was performed, and Medi-Cal expenditures for these procedures. Only abortion claims received and processed for date-of-service January through December 2001 are included in this report. The term fee-for-service (FFS) used throughout this report refers to these claims. The data are presented at both county and state levels. Estimates of abortions for enrollees in Health Care Plans (HCP) are included since encounter data are not yet available. A distribution by county is provided.

My Father Is A Woman, Oh No!: The Failure Of The Courts To Uphold Individual Substantive Due Process Rights For Transgender Parents Under The Guise Of The Best Interests Of The Child, Helen Chang

Publications

Under the guise of the "best interest of the child," courts have denied biological and legal parents both custody and visitation rights over their children because these parents were either in the process of changing, or had completed a change, in their sexual and/or gender identity. One court has even terminated the parent-child relationship because of a parent's transgender status. This article proposes that a parent's transgender status does not render that parent per se unfit for custody and/or visitation. Rather, a parent's gender change should be used as merely one factor within the nexus test used by the court …

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

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

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.

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.

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.

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.”

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.

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.