Roscoe Pound, Dean of Harvard Law from 1916 to 1936, was a prolific writer in 1920s and 1930s regarding jurisprudence. Here is Dean Pound’s description – both succinct and accurate – regarding the path of the law. “The historical school thought of each in terms of the growth of an organism, in terms of a …
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The federal bankruptcy courts publish detailed statistics on bankruptcy filings. California has four federal judicial districts, with Fresno located in the Eastern District. The 2011-2014 bankruptcy filings for the Eastern District of California show a substantial decline, as shown in this table: E.D. Cal. total filings Chapter 7 cases Chapter 11 cases Chapter 12 …
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Case law reflects a tension in the interpretation of fiduciary duties. One camp favors a “I know it when I see it” approach, while the more rigorous jurists seek to discern the basis for imposition of such liability. This tension is on full display in the recent en banc decision in U.S. v. Milovanovic, ___ …
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In early English society, rent was paid by way of labor or other services. Only gradually did rent became an item paid in money. Consider this analysis by Oxford Prof. A. W. B. Simpson. “At the time of the Conquest [in 1066] large parts of the country were not cultivated, and those that were, were …
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A study of the ancient English common law begins, for many points, with the law that developed after 1066. The history of inheritances of land is certainly curious, as we inevitably find it tied to the duties owed in a feudal, agricultural society. Here is an excellent analysis from Oxford Prof. A. W. B. Simpson. …
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In a law review article published 50 years ago, Cambridge law professor L.S. Sealy reviewed two centuries of English case law on fiduciary relationships. He concluded, correctly, that different relationships give rise to different duties. As a starting point, “Fletcher Moulton L.J. once warned against what he called ‘the danger of trusting to verbal formulae’ …
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Prof. Larry E. Ribstein from the University of Illinois School of Law, a leading scholar on business entities, has given considerable thought to the concept of fiduciary duties. When this author thinks of fiduciary duties, he thinks of three broad obligations – care, confidentiality, and impartiality. Prof. Ribstein, in a recent article, seeks a unified …
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A recent case illustrates the need for a beneficiary to exercise care when making a bid at a trustee sale. In Biancalana v. TD Service Company (Oct. 31, 2011) 2011 DJDAR 15972, the secured debt was $219,105. However, due to error by the beneficiary, the trustee was instructed to make an opening bid of only …
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A recent case reinforces the necessity to comply with the technical requirements for prosecuting an unlawful detainer complaint in California. [Commonly known as an eviction.] Specifically, the issue at trial was whether the three-day notice had been served properly. The trial court held that service was defective. This was reversed on appeal, based on the …
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I am reading a series of lectures delivered in 1972 by S.F.C. Milsom and collected in The Legal Framework of English Feudalism (Cambridge University Press 1976). The text is difficult, as it frequently refers to rights, remedies, and procedures that long ago ceased to be relevant in the law of English-speaking nations. Still, as I …
Continue reading “The Long-Standing Connection Between Real Estate Law and Probate”