Archive for August 16th, 2012

August 16, 2012

Franz Kafka and Lawrence Joseph

The Southern California Interdisciplinary Law Review recently published an article entitled “Franz Kafka, Lawrence Joseph, and the Possibilities of Jurisprudential Literature.” The author, Patrick J. Glen, offers this conclusion about the two writers:

This Article… has offered a harmonious and complementary reading of two giants in the contemporary law and literature discourse, Franz Kafka and Lawrence Joseph. The work of these authors offer complementary perspectives of the legal system–Kafka’s from the point of view of the litigant, Joseph’s from within the system… Moving away from traditional conceptions of jurisprudence, Kafka and Joseph offer a realist, practical account of the nature and derivations of law in contemporary practice… Literary jurisprudence offers a better way to directly and truthfully address the nature of law in its twenty-first century manifestations. Moreover, the narrative form is likely to get one closer to the truth of legal experience than are the traditional approaches of academic jurisprudence… In this sense, literary jurisprudence, despite its fictional form, may offer a more realistic account of contemporary legal practice than academic writing, and thus provide a solid basis from which improvements in law could be proposed.

You can find the full article here.

August 16, 2012

Larry Cunningham on Times Square Shooting

Associate Dean Larry Cunningham was quoted in a New York Times article yesterday entitled, “Police Sought Cellphones for Video of Times Square Shooting.” Here is the link.

August 16, 2012

Di Lorenzo on Real Estate Financing

Professor Vincent Di Lorenzo has contributed a chapter to a book, Community, Home and, Identity,that is edited by Michael Diamond of Georgetown and Terry Turnipseed of Syracuse and is being published by Ashgate. The chapter written by Vincent Di Lorenzo is “Evolving Ethical Standards in Property Law: A Study of Regulatory Perspectives toward Home Mortgage Lending Transactions.” Here is the abstract:

This chapter examines the ethical viewpoint of Congress and the federal bank regulatory agencies toward consumer protection in the mortgage market. On one level this is an analysis of whether regulators have properly effectuated the intention of Congress. On another level it is an exploration of the ethical perspective manifest in congressional decisions. The conclusion drawn is that over the last thirty years Congress repeatedly prohibited mortgage practices and products that subjected consumers to significant financial injury (loss) when it found that consumers were unable to effectively protect themselves against such injury.  This reflected an ethical viewpoint in U.S. society, namely that business entities should not profit by inflicting significant financial injury on vulnerable individuals.  Such a viewpoint, and justification for legal intervention, mirrors the viewpoint and the justification for embrace of consumer protections in residential landlord-tenant transactions (warranty of habitability) and in some residential real estate transactions (warranty of quality). As a result of this ethical viewpoint U.S. law has, to a significant degree, rejected caveat emptor as a governing principle in consumer oriented real estate transactions. Much has been written of this change in landlord-tenant law, and in the law governing sales of new homes. This chapter documents the same change has occurred in real estate financing, the third major type of real estate transaction that consumers encounter.

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