Law Commons^™

Search For Truth Or Reality Show?, Peter Keane

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No abstract provided.

Taking Title To Servient Tenements, Roger Bernhardt

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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.

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

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No abstract provided.

Revising The Arbitration Clause In Real Estate Contracts, Roger Bernhardt

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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.

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

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No abstract provided.

Lawyers And Lot Lines, Roger Bernhardt

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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

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No abstract provided.

Intellectual Property And Golden Gate University, Marc Greenberg

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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

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No abstract provided.

International Law At The Crossroads, Sompong Sucharitkul

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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

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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

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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

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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.

Avoiding Judicial Liens In Bankruptcy: Moldo V Charnock, 2004, Roger Bernhardt

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This article discusses a California case which held that 11 USC §522(f)(2) required avoidance of a creditor’s judicial lien, even though that lien was senior to a consensual lien.

Ambiguous Payoff Demands In Escrow: California Nat’L Bank V Havis, 2004, Roger Bernhardt

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This article discusses a California case which held that the use of the term “payoff funds” in a letter advising an escrow agent of the status of a sale transaction did not transform the letter into a payoff demand statement.

Constitutional Rights In Regulating Tenancy In Common Conversions: Tom V San Francisco. 2004, Roger Bernhardt

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This article discusses a case which held an ordinance forbidding residential tenants-in-common agreements from creating exclusive rights of occupancy violated the California constitutional right of privacy.

Creating Vs Disclosing Defective Conditions In Property: Lewis V Chevron, 2004, Roger Bernhardt

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This article discusses a California case which held a prior owner not liable for injuries caused by a defective condition on real property after ownership was relinquished, even if the prior owner negligently created the condition.

Deference To Subsequently Enacted Cc&Rs: Villa De Las Palmas Homeowners V Terifaj, 2004, Roger Bernhardt

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This article discusses a California Supreme Court case which held that restrictions in an amended declaration recorded after the homeowner’s purchase of a condominium unit are binding on that homeowner, and are entitled to the same judicial deference as the restrictions recorded before the purchase.

Enforceability Of Affordable Housing Restrictions: Dieckmeyer V Redevelopment Agency, 2004, Roger Bernhardt

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This article discusses a California case which held that a condominium owner who purchased a unit under an affordable housing program was entitled to prepay the loan but was not entitled to reconveyance of the deed of trust that also secured compliance with the affordable housing restrictions.

Foreclosure Sequencing Of Mixed Collateral: Kearns V Transamerica Home Loan, 2004, Roger Bernhardt

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This article discusses a California case which held that when mixed real an personal property secure a debt, so long as the debt is not reduced to judgment, such security may be foreclosed nonjudicially in any sequence without rendering the real property lien unenforceable.

Landlords Draws Upon Letters Of Credit In Bankruptcy: Redback Networks V Mayan Networks, 2004, Roger Bernhardt

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This article discusses a California case where a landlord was entitled to fully draw down on a tenant’s letter of credit that was smaller than its rent claim and also smaller than a year’s rent.

Lis Pendens In Fraudulent Conveyance Claims: Kirkeby V Superior Court, 2004, Roger Bernhardt

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This article discusses a California Supreme Court case which held that an action seeking to void a transfer of real property as a fraudulent conveyance affects title to or right to possession of that property and therefore supports a lis pendens.

On Making And Breaking Contracts, Roger Bernhardt

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This article discusses purchase agreements and the clauses affecting their termination and extension, including the question of when the contract is formed and what happens when a party is defrauded out of a contract rather into one. Also covered are ‘time is of the essence’ issues,.

Premature Notice Of Trustee Sale: Knapp V Dohertym, 2004, Roger Bernhardt

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This article discusses a California case which held that a slightly premature service of notices of a nonjudicial foreclosure sale did not invalidate the sale when the trustor was not prejudiced thereby..

Recovering Sale Expenses After Tenant’S Abandonment: Millikan V American Spectrum. 2004, Roger Bernhardt

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This article discusses a California case which held that a commercial landlord may recover from a tenant the expenses incurred in selling a property after the tenant’s abandonment.

The Economic Loss Rule: Robinson Helicopter V Dana (2004), Roger Bernhardt

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This article discusses a California Supreme Court case which held that the economic-loss rule does not bar tort recovery—compensatory and punitive damages—in a claim for intentional misrepresentation or fraud independent of a claim for breach of contract as might be applied to construction litigation.

Creating Open Space: Two Cases Of Conflicts Resolved, Paul S. Kibel

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No abstract provided.