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Howard Miller

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Labor/Employment, California Supreme Court

Learning the ABCs

May 11, 2018

A new three-step test distinguishing employees from independent contractors stands to tilt worker misclassification suits towa...



To what extent should the president's statements (on social media, the campaign trail, or in office) bear on judicial review o...




U.S. Supreme Court, Constitutional Law

Left, Right & Gorsuch

Apr. 27, 2018

Three guests weigh the implications of Justice Neil Gorsuch's swing vote last week with his more liberal colleagues in an immi...



SCOTUS seems poised to invalidate compelled public union dues on First Amendment grounds, but some argue the Court's skeptical...




U.S. Supreme Court, Constitutional Law

Unqualified Immunity?

Apr. 13, 2018

After another SCOTUS summary reversal of a Qualified Immunity denial, Jay Schweikert (Cato Institute) discusses what he sees a...



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

Constitutional law scholar and former clerk for the late Liberal Lion Stephen Reinhardt, Michael Dorf (Cornell Law School), re...




Government, Antitrust & Trade Reg.

Timothy Meyer (Vanderbilt Law) explains how Congress' near-plenary power over international trade gradually shifted to the exe...



U.S. Supreme Court, Constitutional Law

'NIFLA v. Becerra' Panel

Mar. 23, 2018

Four amici from the First Amendment challenge to a California abortion disclosure law discuss what they consider the case's mo...




Immigration, Government, Constitutional Law

Sanctuary and Supremacy

Mar. 16, 2018

Professor Josh Blackman (South Texas College of Law) takes measure of the DOJ's constitutional arguments in its suit challengi...



Constitutional Law, California Supreme Court

With social media evidence increasingly used at criminal trials, do defendants have a constitutional right to subpoena relevan...




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

SCOTUS considered Wednesday whether concerns over voter intimidation and polling place decorum justify a broad Minnesota prohi...



U.S. Supreme Court, Criminal, Constitutional Law

Permissible Admission?

Feb. 23, 2018

May a capital defense counsel constitutionally concede his client's guilt, against the client's wishes, where such an admissio...




9th U.S. Circuit Court of Appeals

Sugar Wars: A New Hope

Feb. 16, 2018

Can required warning labels on soda advertisements pass First Amendment muster? An en banc 9th Circuit will reconsider the que...



U.S. Supreme Court, Immigration, Government, Civil Rights, 9th U.S. Circuit Court of Appeals

Professor Zachary Price (UC Hastings College of the Law) discusses why courts should be wary of overstating the reliance inter...




Appellate Practice, 9th U.S. Circuit Court of Appeals

What does the 9th Circuit's unwinding of a multi-state class action settlement against Hyundai augur for future nationwide sui...



U.S. Supreme Court, Securities, Constitutional Law, Administrative/Regulatory

SCOTUS will soon consider whether Securities and Exchange Commission administrative law judges have been duly appointed, casti...




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

As SCOTUS considers Ohio's program to notice and then purge inactive voters from the state's registry, opposing amici Robert P...



Immigration, Civil Litigation, 9th U.S. Circuit Court of Appeals

On Duty

Jan. 12, 2018

A violent chemistry lab stabbing prompts California's high court to reconsider whether state universities owe their students a...




Criminal, Constitutional Law, California Supreme Court

As the California Supreme Court mulls whether compelled DNA swabs of felony arrestees are constitutional, Michael Risher (ACLU...



U.S. Supreme Court, Civil Litigation

SCOTUS should use 'China Agritech v. Resh' to clarify that 'American Pipe' tolling does not protect successive class claims, s...




U.S. Supreme Court, Constitutional Law

SCOTUS takes on a second partisan gerrymandering case, signaling a willingness to finally brave the thorny legal thicket this ...



U.S. Supreme Court, Immigration, Government

As California's aquifers diminish, the state high court clarified Monday just what latitude groundwater management districts h...




U.S. Supreme Court, Intellectual Property

Inter Partes Reviewed

Dec. 1, 2017

As SCOTUS considers the constitutionality of Inter Partes Review, an administrative adjudication meant to streamline patent ch...



U.S. Supreme Court, Constitutional Law

Alex Abdo (Knight First Amendment Institute) says the Fourth Amendment can't adequately protect essential freedoms imperiled b...




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

Such Inferior Courts?

Nov. 17, 2017

Under Article III Congress may 'ordain and establish' lower federal courts , but can it direct them to 'promptly dismiss' cert...



Civil Litigation, California Supreme Court

Conscientious Objectors?

Nov. 10, 2017

In 'Hernandez v. Restoration Hardware,' argued Tuesday, Ryan Wu (Capstone Law APC) says the California Supreme Court has a cha...




Government, California Supreme Court

Honestly Overbroad?

Nov. 3, 2017

As tech titans reckon with disruptive foreign interference, Congress debates the Honest Ads Act, aimed at exposing invidious o...



U.S. Supreme Court, Constitutional Law

Various historical drivers created our near-absolute free speech protections; will contemporary forces - fake news, terrorism,...




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

Aliens v. Corporations

Oct. 16, 2017

As SCOTUS hears arguments in 'Jesner v. Arab Bank,' international law experts Kristin Linsley (Gibson, Dunn & Crutcher) an...



U.S. Supreme Court, Government, Constitutional Law

Loyola Law School professor Justin Levitt unpacks this week's SCOTUS arguments on political gerrymandering, and UC Davis Schoo...