Law Commons^™

Kings County, Et Al., Petitioners, V. Surface Transportation Board And United States Of America, Et Al., Proposed Amicus Curiae Brief Of Center For Biological Diversity In Support Of Neither Party For Abstention Or Reversal Of The Surface Transportation Board’S Decision, Helen H. Kang, Et Al.

Publications

IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

No. 15-71780 KINGS COUNTY, et al., Petitioners, v. SURFACE TRANSPORTATION BOARD and UNITED STATES OF AMERICA, Respondents, and CALIFORNIA HIGH-SPEED RAIL AUTHORITY Intervenor and Respondent.

No. 15-72570 DIGNITY HEALTH, Petitioner, v. SURFACE TRANSPORTATION BOARD and UNITED STATES OF AMERICA, Respondents, and CALIFORNIA HIGH-SPEED RAIL AUTHORITY Intervenor and Respondent. _______________________________________________________________ PROPOSED AMICUS CURIAE BRIEF OF CENTER FOR BIOLOGICAL DIVERSITY IN SUPPORT OF NEITHER PARTY FOR ABSTENTION OR REVERSAL OF THE SURFACE TRANSPORTATION BOARD’S DECISION

2015 Commercial Space Industry Snapshot As Seen Through The Eyes Of The International Symposium For Personal And Commercial Spaceflight (Ispcs), Sarah J. Nilsson Esq.

Publications

The International Symposium for Personal and Commercial Spaceflight (ISPCS) is a nonprofit independently run annual event, that has taken place these past 11 years, whose speakers capture the growth and diversification of the global commercial space industry in the form of short powerful talks. Hence, it was appropriate that a 2015 snapshot of the commercial space industry should look at this body of experience and knowledge. The key developments, the key players and an accurate state of the industry are hereby presented through the eyes of the ISPCS from this past eleventh symposium that spanned two days and was held …

Tu4dublin Alliance Welcomes Publication Of The Technological Universities Bill, Dublin Institute Of Technology

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No abstract provided.

His, Hers, Or Theirs?, Roger Bernhardt, Christine Tour­-Sarkissian

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Marriage of Brandes (2015) 239 CA4th 1461 is not technically a real estate case because the major asset fought over in that dissolution action was an investment advisory business that the husband had founded before marriage, but which had grown enormously during the marriage. Because investment advising is not a real estate activity, Brandes has been omitted from traditional coverage in this Reporter. (It was reported in CEB’s Estate Planning and California Probate Reporter; see 37 CEB Est Plan Rep 69 (Oct. 2015).) But since the opinion has so much to say to lawyers about community and separate property—real as …

Could Corporations Become A Vehicle For Social Change?, Michele Benedetto Neitz

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The for-profit tide is changing. The rising number of business owners using the corporate form to achieve goals other than profits raises an interesting question: Are we entering a new post-profit era for corporations?

Public Utilities Commission Reform Takes A Step Back, Deborah Nicole Behles, Steven Weissman

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California is taking a leadership role with its progressive energy and environmental policies by requiring that half its energy is generated from renewable resources, authorizing the largest low-income solar initiative in the country and mandating a 50 percent increase in building energy efficiency. But the primary agency overseeing many of these policies, the California Public Utilities Commission, has been plagued with allegations of impropriety. Last fall, emails between commissioners and high-level utility officials led to serious questions about the integrity and fairness of the PUC’s decision-making.

Who Should Be Our Moral Compass Now?, Rachel A. Van Cleave

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Educating Tomorrow's Lawyers conducted a survey of over 27,000 lawyers across the country about the qualities, skills and competencies necessary for new lawyers. Almost 73 percent said having a "strong moral compass" is necessary for a lawyer to be successful in the short term. Only 17 (out of 147) other skills, competencies and characteristics, received a higher percentage of votes. Included among these were "treat others with courtesy and respect" (91.9 percent), act with "integrity and trustworthiness" (92.3 percent), and "honor commitments" (93.9 percent).

The full results of the survey have not been published, but were presented to a small …

Rethinking Rescission, Roger Bernhardt

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The basic facts are that the purchasers of a hillside residence in San Carlos rescinded their completed contract because of misstatements made by the sellers to the effect that the property was served by a public sewer, when in fact the system was privately owned by the 13 residents of the area, who all had to share its maintenance costs. The trial court found that the sellers’ statements were negligent misrepresentations, but it declined to order rescission because of the complications involved in unwinding the deal. Instead, it ordered the sellers to indemnify the purchasers for their sewer maintenance costs …

Valbuena V Ocwen Loan Servicing, Llc, Roger Bernhardt

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No abstract provided.

Friends Of The Eel River And Californians For Alternatives To Toxics V. North Coast Railroad Authority And Board Of Directors Of North Coast Railroad Authority, Et Al., Plaintiffs’ Consolidated Response To Briefs Of Amici Curiae In Support Of Respondents And Real Party In Interest, Helen H. Kang, Et Al.

Publications

Case No. S222472, In the Supreme Court of the State of California, FRIENDS OF THE EEL RIVER AND CALIFORNIANS FOR ALTERNATIVES TO TOXICS, Plaintiffs and Appellants, vs. NORTH COAST RAILROAD AUTHORITY AND BOARD OF DIRECTORS OF NORTH COAST RAILROAD AUTHORITY, Defendants and Respondents, NORTHWESTERN PACIFIC RAILROAD COMPANY, Real Party in Interest and Respondent. After a Decision by the Court of Appeal First Appellate District, Division One, Case Nos. A 139222, A139235 Appeal from Superior Court of the State of California for the County of Marin Case Nos. CIV 1103605, CIV 1103591. The Honorable Roy Chernus, Presiding. PLAINTIFFS’ CONSOLIDATED RESPONSE TO …

Children’S Voices In Family Law Conflicts, Benedetta Faedi Duramy, Tali Gal

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Children are commonly recognized as separate human beings with individual views and wishes worthy of consideration. Their ability to freely express these views and wishes constitutes the concept of child participation, defined by Article 12 of the United Nations Convention on the Rights of the Child as the right of children capable of forming their own views to be able to express themselves freely in all matters affecting their lives. Children should particularly be provided with the opportunity to be heard in any judicial and administrative proceedings pertaining to them, either directly or through appropriate representatives, and with necessary precautions …

Bank Of America V. Caulkett, Roger Bernhardt

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A junior mortgage lien cannot be stripped off in a Chapter 7 bankruptcy just because it is entirely underwater. California law pretty much says the same; see Barbieri v Ramelli (1890) 84 C 154, holding that a secured creditor’s demonstration that the mortgages senior to hers exceed the value of the property is not enough to let her bypass the oneaction rule and sue on her note. On the other hand, if the senior has actually foreclosed his superior lien, then she is a “soldout junior” who can sue directly on her note without foreclosing.

Lessons Not To Learn About Merger, Roger Bernhardt

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Ram’s Gate Winery, LLC v Roche (2015) 235 CA4th 1071 teaches lessons that both transactional and litigation attorneys should not particularly want to learn. These lessons suggest that the old common law doctrine of merger can be safely ignored, whereas clients could suffer unpleasant consequences if those issues are not securely covered in the contract.

Mira Overseas Consulting Ltd. V Muse Family Enters., Ltd., Roger Bernhardt

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The normal rule dictating the priority of rival claims generally depends on which party got its judgment first (rather than, e.g., which made its loan first, or first went unpaid, or was first to file suit), but this decision adds that the date of getting a judgment relates back to an earlier time if a lis pendens had been filed.

California Bldg. Indus. Ass'n. V. City Of San Jose, Roger Bernhardt

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If an inclusionary housing ordinance is regarded as an “exaction”—because it compelled a developer to pay through land dedication or in-lieu fees—then the city must show that (1) there was a reasonable relationship between the deleterious effects of the new housing and the economic burden imposed on the developer —the nexus—and (2) the burden is reasonably proportional to the problems created by the development.

Monterossa V Superior Court, Roger Bernhardt

Publications

In 2005, petitioners obtained a $359,650 mortgage from PNC Mortgage for the purchase of a home. In 2013, petitioners became unable to make their mortgage payments and contacted PNC for hardship assistance. PNC failed to send a hardship assistance package to petitioners. Despite that failure, PNC later notified petitioners that their request for hardship assistance was denied “because PNC did not receive a completed hardship assistance package” from petitioners and recorded a notice of default. In November 2013, petitioners submitted a loan modification agreement to PNC; in December 2013, PNC confirmed that it had received a complete package. Despite that …

Expanding Pride To Our Workplaces, Eric C. Christiansen

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As business leaders. we need to recognize that our policies, our workplace culture and our institutional ethos radically impact the lived experience of equality for our LGBT customers and employees. In a discriminatory world, passivity (i.e .. just ensuring you don't actively discriminate) can easily send a mixed or unintended message. Even in progressive places like the San Francisco Bay Area, LGBT folks have an experience of discrimination and disfavor that shapes their expectations.

How To Create A Less-Stressful Workplace, Michele Benedetto Neitz

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Imagine leading a staff meeting at your company. A deadline is looming and your staff is behind schedule.

But instead of feeling stressed, your fellow employees feel relaxed. Instead of exhibiting a sense of being overwhelmed, your colleagues are showing signs of being energized. As a result, everyone in the room is focused and attentive, and the work is ultimately completed well.

Law schools and legal professionals are turning to meditation training and relaxation responses to reduce anxiety.

Must Judges Follow Children’S Wishes Over Their Custody?, Benedetta Faedi Duramy

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Across countries and jurisdictions, allowing children to voice their preferences in family disputes is beneficial for all parties involved. Judges find it useful to complement and corroborate facts and information of a case, parents learn how their children are coping with the current situation, and, finally, children end up being more satisfied with the process and adjusting better to the outcome. Giving children a say over their custody empowers them, fosters their sense of control, and contributes to their best interest. Those who are not invited to express their views, instead, become disappointed, frustrated and resentful.

When Family Meets Business: The Challenge Of Work/Life Balance, Michele Benedetto Neitz

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Some businesses in San Francisco are listening closely to the needs of their employees while maximizing efficiency. Technology companies, for example, were pioneers in designing workspaces to fit the physical and emotional needs of their workers. This includes cafeterias with free food and coffee, gym and exercise rooms, meditation rooms, and oncall massage therapists.

Of course, tech companies' use of onsite facilities can be viewed as an attempt to stack the work/life balance deck, allowing people to spend more of their "life" at the workplace. In turn, employees in these companies need not ever leave the building — a clear …

Letter To The Editor, Rachel A. Van Cleave

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Letter to the Editor of the New York Times in response to the articles "College for the Masses" and "Push, Don't Crush, the Students" in the April 26, 2015 edition of the New York Times.

Variances And Hardship, Roger Bernhardt

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Cities may want more eldercare facilities located within their municipal borders, but a neighborhood homeowner association inside the city might feel the other way if the project is going to be located too near to its members’ residences. If the local officials mess up in complying with the enabling standards in approving the project, that fact simply gives the opposition all the more ammunition to block the development.

Alborzian V Jpmorgan Chase Bank, Roger Bernhardt

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Alborzian v JPMorgan Chase Bank (2015) 235 CA4th 29.

Viewpoint: Assessing The Legacy Of 'Pao V. Kleiner Perkins', Rachel A. Van Cleave

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Whether this is a landmark case depends on what the Pao case means for gender equality, and what it means for the culture of Silicon Valley. Some commentators claim that despite the jury finding against Pao, her lawsuit was a courageous act that will eventually advance gender equality in Silicon Valley.

Spring 2015 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

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No abstract provided.

Optimizing Reservoir Operations To Adapt To 21st Century Expectations Of Climate And Social Change In The Willamette River Basin, Oregon, Kathleen M. Moore

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Reservoir systems in the western US are managed to serve two main competing purposes: to reduce flooding during the winter and spring, and to provide water supply for multiple uses during the summer. Because the storage capacity of a reservoir cannot be used for both flood damage reduction and water storage at the same time, these two uses are traded off as the reservoir fills during the transition from the wet to the dry season. Climate change, population growth, and development in the western US may exacerbate dry season water scarcity and increase winter flood risk, creating a need to …

Ready For Marriage? Evaluating The Supreme Court's Obergefell Arguments Like A Pro, Eric C. Christiansen

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Amateur constitutional law gurus, rejoice! Marriage equality advocates and marriage traditionalists, warm up your commenting keyboards! And, secret Supreme Court junkies, put on your “Notorious RBG” t-shirts and rehearse your favorite Justice Scalia quote! On Tuesday, the United States Supreme Court will hear two and a half hours of arguments on whether the U.S. Constitution permits states to exclude same-sex couples from the rights and responsibilities of marriage. The case, Obergefell v. Hodges, is the most eagerly anticipated case of the Court’s current term. And, unlike the last time this court faced the marriage issue, the Justices have very …

California Bank V. Delponti, Roger Bernhardt

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In DelPonti, the court of appeal held a guarantor’s waiver did not include allowing the lender “to profit from its own fraudulent conduct.” That position appears to fit right in to the Restatement doctrine that this is as far as a suretyship waiver can go, no matter how adroitly it is worded.

Stockton Mortgage, Inc. V Tope, Roger Bernhardt

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Alliance Title Company was able to dodge liability for failing to inform its insured about the county’s recorded and unreleased Notice of Abatement Action because the court of appeal deemed that notice was not a defect, lien, or encumbrance against the title that Alliance was insuring, such that the failure to mention it as an exception in the insurance policy did not make the insurer liable.

Sea Level Rise, Saltwater Intrusion And Endangered Fisheries - Shifting Baselines For The Bay Delta Conservation Plan, Paul S. Kibel

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UC Davis School of Law's March 2015 symposium on The Future of CEQA, out of which this article evolved, focused on how the substantive law governing the operation of the California Environmental Quality Act might change in the coming decades. In my presentation for the symposium's final panel, I suggested that certain changes in CEQA substantive law may well be driven by the increasing recognition that the background conditions against which projects will operate will themselves change significantly in the future.