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Civil Procedure, Civil Litigation

Giuliani's homestead hustle

Oct. 2, 2024
By Baruch C. Cohen

Former New York Mayor Rudy Giuliani is facing a legal battle over his claim to a homestead exemption for his Palm Beach con...


Wills, Estates & Trusts

AB 2016 raises the value threshold for transferring a decedent's primary residence to $750,000, simplifying the process for ma...



California Courts of Appeal

Founded in 1986, the California Appellate Project in Los Angeles (CAP-LA) supports the Second District Court of Appeal by recr...


Civil Procedure, 9th U.S. Circuit Court of Appeals

The 9th Circuit, following other circuits, now treats the first-to-file rule as non-jurisdictional, providing courts with more...



Wills, Estates & Trusts

The Estate of Michael Jackson exemplifies the common hurdles faced in probate cases, highlighting the intricate legal landscap...


Government

When Theodore Roosevelt ran for president again in 1912, he was not referred to as "President Roosevelt," a contrast to the wa...



Law Practice

Hair splitting for fun and braggadocio

Oct. 1, 2024
By Benjamin G. Shatz

Eli Burnstein's book, "Dictionary of Fine Distinctions: Nuances, Niceties, and Subtle Shades of Meaning," is a joy for book lo...


Real Estate/Development, Constitutional Law, 9th U.S. Circuit Court of Appeals

While the ruling achieves the important end of emboldening the right to petition, it may also have the effect of emboldening l...



Alternative Dispute Resolution

California has extended the statute of limitations for childhood sexual assault claims, leading to an influx of cases that cou...


Technology

A look back at the legal landscape in 2027

Sep. 30, 2024
By Paul R. Kiesel

Over 20 years ago, Paul Kiesel envisioned what a lawyer's practice might look like in 2027. Looking back at his article now, i...



Constitutional Law

Soured Lemon: What's next for the State's religion clauses?

MCLE
Sep. 30, 2024
By Ashfaq G. Chowdhury

The U.S. Supreme Court's decision in Kennedy v. Bremerton discarded the Lemon test in favor of a "history and traditi...


Technology

What can AI do for you?

Sep. 27, 2024
By Michael G. Colantuono

AI tools help with issue selection, record review, and drafting but aren't ready to write full briefs. They're great for brain...



Alternative Dispute Resolution

Mediation is likened to a labyrinth where participants must navigate complex disputes with unclear paths to resolution, simila...


Government

The Electoral College undermines the "one person, one vote" principle, giving disproportionate influence to smaller states lik...



Constitutional Law, 9th U.S. Circuit Court of Appeals

In Wolford v. Lopez, the 9th Circuit assessed whether modern firearms regulations align with historical traditions, d...


Law Office Management

Are AI-driven CRM systems the future for law firms?

Sep. 26, 2024
By George Brandon

"Discover how AI-driven CRM systems could revolutionize law firm relationship management, automating data updates and enhanc...



Technology, Ethics/Professional Responsibility, Data Privacy

Lawsuit alleges Google collects search data even in private browsing mode


Labor/Employment, California Supreme Court

The California Supreme Court has now opened the door for more employees to bring harassment claims under FEHA while, presumabl...



Evidence, Civil Litigation

Finding nuggets of gold in percipient witnesses

Sep. 25, 2024
By Atticus N. Wegman

Percipient witnesses add credibility and relatability to a case, as jurors often find them more sincere and easier to connec...


U.S. Supreme Court, Land Use, Government

Despite Supreme Court rulings requiring a direct link between development projects and financial exactions, municipalities vio...



State Bar & Bar Associations, Letters

Experiment participants would only be eligible to receive a grading adjustment if they meet a minimum threshold score in order...


U.S. Supreme Court, Family

The Court concluded that the cash value of a life insurance policy increases a business's fair market value, regardless of its...



Letters, Judges and Judiciary

It's time to end judicial elections in California

Sep. 24, 2024
By William M. Crosby

Judge Eugene H. Hyman rightly points out the expense of holding judicial elections, and the lack of meaningful knowledge rega...


Litigation & Arbitration, Evidence

Despite restrictions on prehearing third-party subpoenas in arbitration under federal and state laws, carefully crafted arbitr...



Proper settlement agreement wording is crucial to avoid tax issues and ensure favorable tax outcomes.


Constitutional Law

The death of the 2nd Amendment: Part I - Heller

Sep. 23, 2024
By Myron Moskovitz

The current conservative majority on the Supreme Court is unlikely to change its stance, but future shifts in the Court's co...



Civil Procedure

The cost-shifting mechanism under California Code of Civil Procedure Section 998 infringes on defendants' constitutional rights.


9th U.S. Circuit Court of Appeals

The U.S. Ninth Circuit Court of Appeals made a significant ruling on gun control laws, affirming and reversing preliminary inj...



Alternative Dispute Resolution

An argument for jury-augmented ADR

Sep. 23, 2024
By Shawn K. Elliott

Juries are meant to resolve civil disputes, but few cases ever reach them today. What if the traditional voice of 'The Peopl...


International Law

Put a stork in it

Sep. 23, 2024
By Xinying Huang

China has ended its overseas adoption program after nearly forty years, marking a significant shift in the country's child p...