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2003

Golden Gate University School of Law

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Articles 61 - 70 of 70

Full-Text Articles in Law

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.


A Return To Lilliput: The Licra V. Yahoo! Case And The Regulation Of Online Content In The World Market, Marc Greenberg Jan 2003

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 ...


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 ...


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.


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 ...


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 ...


"Death Is Different" - Is Money Different? Criminal Punishments, Forfeitures, And Punitive Damages - Shifting Constitutional Paradigms For Assessing Proportionality, Rachel A. Van Cleave Jan 2003

"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 ...