Comments for UCLA Law Review http://www.uclalawreview.org UCLA Law Review Tue, 24 Apr 2012 13:56:37 +0000 hourly 1 http://wordpress.org/?v=3.2.1 Comment on The Morality of Strategic Default by Jim http://www.uclalawreview.org/?p=1527#comment-86976 Jim Tue, 24 Apr 2012 13:56:37 +0000 http://uclalawreview.org/?p=1527#comment-86976 The problem with your argument is that you are stating that home ownership is an investment when in fact it is not. A home is a place to live and there are no guarantees that it will increase in value. We've all been spoiled by the rise in home prices over the last few decades and now we decide to break a contract because the values have declined. I guess I'll quit paying on my car because it's worth less than I paid for it. Or anything else for that matter. Where does it end? I signed a contract to pay for something (my house) and I will do so. It's subsequent value is irrelevant to my contract with the bank. The problem with your argument is that you are stating that home ownership is an investment when in fact it is not. A home is a place to live and there are no guarantees that it will increase in value. We’ve all been spoiled by the rise in home prices over the last few decades and now we decide to break a contract because the values have declined. I guess I’ll quit paying on my car because it’s worth less than I paid for it. Or anything else for that matter. Where does it end? I signed a contract to pay for something (my house) and I will do so. It’s subsequent value is irrelevant to my contract with the bank.

]]> Comment on The Implied Warranty of Habitability, Foreseeability, and Landlord Liability for Third-Party Criminal Acts Against Tenants by Corey http://www.uclalawreview.org/?p=554#comment-81516 Corey Thu, 22 Mar 2012 09:17:59 +0000 http://services.law.ucla.edu/lawreview/?p=554#comment-81516 Hi Daphne, I am the author of the article. Apologies for the delayed response, I just recently saw your comment. I am sorry to hear about the problems with your rental. It sounds like there is a very good chance you may have a claim for breach of the implied warranty of habitability. As I state in the article, in most jurisdictions the implied warranty of habitability cannot be waived in a residential lease agreement. So the fact that your lease was signed "As Is" should be irrelevant to the question of whether there is a violation of the implied warranty of habitability. In addition, sewage problems, persistent leaks, flooded basements, roach problems, and failures to supply heat and hot water are all examples of conditions that courts have considered breaches of the implied warranty. In sum, it appears the implied warranty of habitability may very well have been breached in your case. If the implied warranty has been breached, you would have a host of remedies available for breach of contract. These include damages and recission or reformation of the lease agreement. A tenant can also make self-help repairs if the landlord has notice of defective conditions and fails to have them repaired. The cost of such repairs can be offset against future rent payments. Additionally, breach of the implied warranty can serve as an affirmative defense to a landlord’s suit for possession for nonpayment of rent. Hopefully this information is helpful for your situation; best of luck! Hi Daphne,

I am the author of the article. Apologies for the delayed response, I just recently saw your comment. I am sorry to hear about the problems with your rental. It sounds like there is a very good chance you may have a claim for breach of the implied warranty of habitability. As I state in the article, in most jurisdictions the implied warranty of habitability cannot be waived in a residential lease agreement. So the fact that your lease was signed “As Is” should be irrelevant to the question of whether there is a violation of the implied warranty of habitability.

In addition, sewage problems, persistent leaks, flooded basements, roach problems, and failures to supply heat and hot water are all examples of conditions that courts have considered breaches of the implied warranty.

In sum, it appears the implied warranty of habitability may very well have been breached in your case. If the implied warranty has been breached, you would have a host of remedies available for breach of contract. These include damages and recission or reformation of the lease agreement. A tenant can also make self-help repairs if the landlord has notice of defective conditions and fails to have them repaired. The cost of such repairs can be offset against future rent payments. Additionally, breach of the implied warranty can serve as an affirmative defense to a landlord’s suit for possession for nonpayment of rent.

Hopefully this information is helpful for your situation; best of luck!

]]> Comment on The Morality of Strategic Default by American Foresight http://www.uclalawreview.org/?p=1527#comment-80859 American Foresight Tue, 20 Mar 2012 09:58:28 +0000 http://uclalawreview.org/?p=1527#comment-80859 To start with, while this article might have an initial appeal, it does not hold water. The examples given are shallow in the sense that they are actions that don’t necessarily cause any societal damage. The effect of strategic defaults on the housing crisis has been far more serious than that. In fact, as a result of the exacerbation of the housing crisis by strategic defaulters, many more Americans have seen their homes lose even more value than at the unset of the housing collapse. Instead of spending time on questioning whether or not it is moral to default, spend time on creating a world that you would favor: one in which all actors – both corporate and individual – act or are required to act in socially responsible ways. To start with, while this article might have an initial appeal, it does not hold water.

The examples given are shallow in the sense that they are actions that don’t necessarily cause any societal damage. The effect of strategic defaults on the housing crisis has been far more serious than that. In fact, as a result of the exacerbation of the housing crisis by strategic defaulters, many more Americans have seen their homes lose even more value than at the unset of the housing collapse.

Instead of spending time on questioning whether or not it is moral to default, spend time on creating a world that you would favor: one in which all actors – both corporate and individual – act or are required to act in socially responsible ways.

]]> Comment on Taxing Founders’ Stock by UCLA Law Review Scholar Forum: “Taxing Founders’ Stock” « UCLA Law Review http://www.uclalawreview.org/?p=2757#comment-77235 UCLA Law Review Scholar Forum: “Taxing Founders’ Stock” « UCLA Law Review Wed, 07 Mar 2012 03:06:53 +0000 http://www.uclalawreview.org/wordpress/?p=2757#comment-77235 [...] Fleischer discusses his recent article on the tax treatment of entrepreneurs, published in the October 2011 issue of the UCLA Law [...] [...] Fleischer discusses his recent article on the tax treatment of entrepreneurs, published in the October 2011 issue of the UCLA Law [...]

]]> Comment on The News Deal: How Price-Fixing and Collusion Can Save the Newspaper Industry—and Why Congress Should Promote It by Here’s an idea: old media should be allowed to collude | LA News Talk Radio http://www.uclalawreview.org/?p=2866#comment-71299 Here’s an idea: old media should be allowed to collude | LA News Talk Radio Wed, 08 Feb 2012 07:59:51 +0000 http://www.uclalawreview.org/wordpress/?p=2866#comment-71299 [...] Law Review, and the Jewish Journal’s (now longtime) God Blogger, argues in the main UCLA Law Review that the best hope for newspapers online is an exemption from anti-trust laws. It should be a [...] [...] Law Review, and the Jewish Journal’s (now longtime) God Blogger, argues in the main UCLA Law Review that the best hope for newspapers online is an exemption from anti-trust laws. It should be a [...]

]]> Comment on Symposium 2012 by Upcoming Event: January 27-28 Symposium on Women and Incarceration at UCLA « Prison Law Blog http://www.uclalawreview.org/?page_id=46#comment-65362 Upcoming Event: January 27-28 Symposium on Women and Incarceration at UCLA « Prison Law Blog Tue, 10 Jan 2012 15:56:45 +0000 http://services.law.ucla.edu/lawreview/?page_id=46#comment-65362 [...] UCLA Law Review’s upcoming symposium may be of interest to readers in Southern California, and it’s free and open to the public [...] [...] UCLA Law Review’s upcoming symposium may be of interest to readers in Southern California, and it’s free and open to the public [...]

]]> Comment on Employing Ex-Offenders: Shifting the Evaluation of Workplace Risks and Opportunities From Employers to Corrections by christopher knecht http://www.uclalawreview.org/?p=328#comment-57539 christopher knecht Sat, 17 Dec 2011 20:59:26 +0000 http://services.law.ucla.edu/lawreview/?p=328#comment-57539 as a side note to the issue above, "195. Unlike employers, who must rely on background check providers, corrections officers have access to a greater quantity of records from more official sources. They also have ample opportunities to discuss any discrepancies with the ex-offender in the course of their supervision. " Having spent 12 years in prison as a litigator and a little over 4 years on supervision, not once was I told I could review my 'file' for discrepancies and being a litigator I would think I would know if that was even available which it wasn't. Most crime is circumstance crime; person doesn't have money to eat he or she steals. drug addict needs dope, he or she steals, etc. Simply reviewing the crime imprisoned for with 'relevant' information (i.e. previous convictions, sentences, treatment programs-if any, etc)and a determination can quickly be made as to what the motivating factor is (consistently). This isn't addressing criminals who have mental issues and rape children or women or men or people who kill for reasons other than what I consider justifiable (guy kills child molester/rapist) because they are truly the exception in prison (and pose a threat to prisoners who are circumstance criminals being indoctrinated with criminal ideology to use once released), but if a determination was made (which can be made) that the individual is a circumstance criminal then a solution can be produced (education and employment/treatment/social participation/development, etc). I just find it hard to swallow the fact that decades go by with one form or another being discussed regarding crime yet most don't point out (and some even will purposely fail to acknowledge)the obvious reasons or solutions to fix those areas. Sincerely, Christopher Knecht J.E.L. Representative as a side note to the issue above, “195. Unlike employers, who must rely on background check providers, corrections
officers have access to a greater quantity of records from more official sources. They also
have ample opportunities to discuss any discrepancies with the ex-offender in the course
of their supervision. ” Having spent 12 years in prison as a litigator and a little over 4 years on supervision, not once was I told I could review my ‘file’ for discrepancies and being a litigator I would think I would know if that was even available which it wasn’t. Most crime is circumstance crime; person doesn’t have money to eat he or she steals. drug addict needs dope, he or she steals, etc. Simply reviewing the crime imprisoned for with ‘relevant’ information (i.e. previous convictions, sentences, treatment programs-if any, etc)and a determination can quickly be made as to what the motivating factor is (consistently). This isn’t addressing criminals who have mental issues and rape children or women or men or people who kill for reasons other than what I consider justifiable (guy kills child molester/rapist) because they are truly the exception in prison (and pose a threat to prisoners who are circumstance criminals being indoctrinated with criminal ideology to use once released), but if a determination was made (which can be made) that the individual is a circumstance criminal then a solution can be produced (education and employment/treatment/social participation/development, etc). I just find it hard to swallow the fact that decades go by with one form or another being discussed regarding crime yet most don’t point out (and some even will purposely fail to acknowledge)the obvious reasons or solutions to fix those areas.
Sincerely,
Christopher Knecht
J.E.L. Representative

]]> Comment on Employing Ex-Offenders: Shifting the Evaluation of Workplace Risks and Opportunities From Employers to Corrections by christopher knecht http://www.uclalawreview.org/?p=328#comment-57536 christopher knecht Sat, 17 Dec 2011 20:39:13 +0000 http://services.law.ucla.edu/lawreview/?p=328#comment-57536 "Thus, as this Comment argues, employers should be encouraged to rely on assessments by corrections officers of any workplace risk an ex-offender applicant might pose" It's very obvious that the author of the above article has never been to prison as a prisoner to comprehend first hand the prisoner/guard relationship. Relying on 'accessments by [sic] corrections [sic] officers' is like relying on the Ku Klux Klan to hold the office of the US Dept. of Justice Civil Rights Division. It's well documented that prisoners are brutalized by their captors. This isn't new information but rather continuing information. How the author came upon his conclusion is amazing considering his position and the available information which suggest very strongly that relying on a prison guards 'accessment' of a former prisoner would indeed be highly critical. In addition, this 'assessment'-as the author puts forth-would be conducted by maybe high school graduates....maybe. When I was in prison you didn't need a high school diploma to be a prison guard; you only needed to pass a civil service exam. So you would have some guards with less of an education than those they hold captive providing what I would consider a comprehensive analysis of crime and the prisoner in question with maybe a high school background to help. Of course the author goes on to suggest that perhaps the department of prisons should have a greater role (thus eliminating biased 'assessments' from guards who hold no degree or diploma attesting their experience to perform those 'assessments')in this area. Where does the author think the prison complex's information would be obtained??? Prison guards! They interact on a daily basis with prisoners unlike those in the administrative departments of prisons, and form a unique relationship which has already been discussed and analyzed by countless individuals easily found by googling key words or phrases. The only point that the author puts forth of any significance is the fact that private sector employers' business interests in not hiring ex-offenders is based on fear and hype. Nothing new with that considering all the mounting evidence suggesting that individuals WITHOUT criminal backgrounds cause more workplace violence than individuals with criminal backgrounds (and that includes data from companies which hire ex-felons to offset the differences). The real issue is creating legislation which prohibits the felony question on employment applications [with established procedures to address the issues of say sex offenders seeking employment at like a daycare]. The only single role the prison system should play in this is by aggressively educating those confined to its dungeons. Education; the ability to comprehend and understand and make intelligent decisions and to weigh options/consequences, all of this is so important in reducing recidivism in combination to prohibiting private/public employment sectors from discriminating against ex-offenders soley because they are ex-offenders; surely not based on any factual evidence to suggest a true business interest. Provide an offender with aggressive education. Permit the ex-offender to obtain employment without being discriminated against. Watch how fast recidivism decreases. Provide aggressive educational tactics in the community being reinforced with community mentoring, role modeling, police participation (like a block party-similar to what Cincinnati Ohio Police did when they arrested and broke up a gang in an impoverished neighborhood), etc., watch some of the leading reasons behind crime disappear. It doesn't really take a rocket scientist to figure this out; just several years of imprisonment, poverty, second-class citizenship and a mix of this and that. Sincerely, Christopher Knecht J.E.L. Representative “Thus, as this Comment argues, employers should be encouraged to rely on assessments by corrections officers of any workplace risk an ex-offender applicant might pose” It’s very obvious that the author of the above article has never been to prison as a prisoner to comprehend first hand the prisoner/guard relationship. Relying on ‘accessments by [sic] corrections [sic] officers’ is like relying on the Ku Klux Klan to hold the office of the US Dept. of Justice Civil Rights Division. It’s well documented that prisoners are brutalized by their captors. This isn’t new information but rather continuing information. How the author came upon his conclusion is amazing considering his position and the available information which suggest very strongly that relying on a prison guards ‘accessment’ of a former prisoner would indeed be highly critical. In addition, this ‘assessment’-as the author puts forth-would be conducted by maybe high school graduates….maybe. When I was in prison you didn’t need a high school diploma to be a prison guard; you only needed to pass a civil service exam. So you would have some guards with less of an education than those they hold captive providing what I would consider a comprehensive analysis of crime and the prisoner in question with maybe a high school background to help. Of course the author goes on to suggest that perhaps the department of prisons should have a greater role (thus eliminating biased ‘assessments’ from guards who hold no degree or diploma attesting their experience to perform those ‘assessments’)in this area. Where does the author think the prison complex’s information would be obtained??? Prison guards! They interact on a daily basis with prisoners unlike those in the administrative departments of prisons, and form a unique relationship which has already been discussed and analyzed by countless individuals easily found by googling key words or phrases.
The only point that the author puts forth of any significance is the fact that private sector employers’ business interests in not hiring ex-offenders is based on fear and hype. Nothing new with that considering all the mounting evidence suggesting that individuals WITHOUT criminal backgrounds cause more workplace violence than individuals with criminal backgrounds (and that includes data from companies which hire ex-felons to offset the differences). The real issue is creating legislation which prohibits the felony question on employment applications [with established procedures to address the issues of say sex offenders seeking employment at like a daycare]. The only single role the prison system should play in this is by aggressively educating those confined to its dungeons. Education; the ability to comprehend and understand and make intelligent decisions and to weigh options/consequences, all of this is so important in reducing recidivism in combination to prohibiting private/public employment sectors from discriminating against ex-offenders soley because they are ex-offenders; surely not based on any factual evidence to suggest a true business interest. Provide an offender with aggressive education. Permit the ex-offender to obtain employment without being discriminated against. Watch how fast recidivism decreases. Provide aggressive educational tactics in the community being reinforced with community mentoring, role modeling, police participation (like a block party-similar to what Cincinnati Ohio Police did when they arrested and broke up a gang in an impoverished neighborhood), etc., watch some of the leading reasons behind crime disappear. It doesn’t really take a rocket scientist to figure this out; just several years of imprisonment, poverty, second-class citizenship and a mix of this and that.
Sincerely,
Christopher Knecht
J.E.L. Representative

]]> Comment on The Second Amendment, Heller, and Originalist Jurisprudence by Originalism, Arbitration, and the Civil Jury http://www.uclalawreview.org/?p=104#comment-55350 Originalism, Arbitration, and the Civil Jury Mon, 12 Dec 2011 18:46:36 +0000 http://services.law.ucla.edu/lawreview/?p=104#comment-55350 [...] he has led successful efforts to upend decades of settled law in the areas of confrontation and the right to bear arms based on revisionist interpretations of original constitutional [...] [...] he has led successful efforts to upend decades of settled law in the areas of confrontation and the right to bear arms based on revisionist interpretations of original constitutional [...]

]]> Comment on Implementing the Right To Keep and Bear Arms for Self-Defense: An Analytical Framework and a Research Agenda by Greatest Threat to the Second Amendment | Shall Not Be Questioned http://www.uclalawreview.org/?p=124#comment-40236 Greatest Threat to the Second Amendment | Shall Not Be Questioned Fri, 04 Nov 2011 16:00:17 +0000 http://services.law.ucla.edu/lawreview/?p=124#comment-40236 [...] [...] [...] [...]

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