This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

    Filter by date
     to 
    Search by Author
    Search by Category
    Search by Headline


Ethics/Professional Responsibility

A Spanish-speaking client's "sí" does not always mean informed consent. California lawyers must ensure clients understand thei...


Law Practice

Saving the knockout punch for closing argument

Oct. 22, 2026
By Baruch C. Cohen

Carefully sequenced cross-examination and a well-timed closing argument can help jurors recognize decisive facts and reach con...


Environmental & Energy

The true scope of Prop. 45's changes to environmental protection

Oct. 22, 2026
By Daniel P. Selmi, Julia E. Stein

Proposition 45 would go beyond streamlining environmental reviews by weakening protections for large development projects, res...


Ethics/Professional Responsibility

As AI advances and remote appearances become routine, California cases involving unlicensed lawyers suggest that even discover...


Civil Procedure

Section 230 is no "never go to jail" card. A 9th Circuit ruling bars immediate appeals of denied Section 230 dismissal motions...


Constitutional Law

After the gunfire, the silence is deafening

Oct. 22, 2026
By William Slomanson

The ongoing epidemic of gun violence in America, compounded by expanded gun rights and protections for firearm manufacturers, ...


Law Practice

Plaintiff-side personal injury practice offers lawyers transitioning from Big Law more opportunities to gain hands-on litigati...


Propositions 41 and 42 appear to offer technical reforms, but their provisions are designed to undermine the billionaire tax a...


Alternative Dispute Resolution

Ending Forced Arbitration Act: Where sexual assault and harassment claims stand

Oct. 21, 2026
By Anthony J. Oncidi , Hayden F. Bashinski

Plaintiffs' attorneys are stretching the EFAA beyond its intended purpose to evade otherwise enforceable arbitration agreement...


Labor/Employment

Employers own the outputs of the AI tools they deploy. They should audit those tools before errors replicate across every shif...


Labor/Employment

Employers preparing for California's "No Robo Bosses" law should understand why having a manager review an AI-generated employ...


California courts must address pay disparities for staff interpreters to stem workforce shortages, reduce reliance on costly c...


Law Practice

The International Bar Association's conference is over. Whether it was an expense or an investment depends on the next 30 days...


Constitutional Law

Lawyers have a duty to protect the rule of law. Encouraging voter registration and participation offers simple, tangible ways ...


California does not impose a universal 183-day residency rule, nor does it guarantee nonresident status for stays under nine m...


U.S. opposition to the International Criminal Court reflects political interests rather than legal principles, undermining int...


Environmental & Energy

The devil in the details of Prop. 45

Oct. 20, 2026
By Douglas P. Carstens

California's Proposition 45 promises faster development, but critics warn its fine print could gut environmental protections, ...


Torts/Personal Injury

When sepsis goes undetected, the consequences can be catastrophic, raising questions about whether the failure lies with medic...


Environmental & Energy

The Forest Service Roadless Rule, revisited

Oct. 19, 2026
By Elisabeth Esposito, Mary Loum

What 17 states' opposition to the rule's proposed rescission signals for the road ahead.


U.S. Supreme Court, Environmental & Energy

Federal law does not preempt state tort suits against energy companies for their role in climate change. Yet Supreme Court ora...


Appellate Practice

Working, Part 7: The reply brief

Oct. 19, 2026
By Myron Moskovitz

A powerful appellate reply brief turns opposing counsel's arguments against them, delivers the final word and gives the court ...


Real Estate/Development

Fan zones may feel spontaneous, but they require careful planning. LA28 organizers should address zoning, broadcast rights, se...


Construction

Mistakenly treating a project as exempt from prevailing wages can leave contractors facing increased costs. Nabors prov...


A San Jose ruling raises a constitutional question: When does public observation become comprehensive surveillance? Collecting...


Immigration

Immigration detention can devastate families and communities beyond the person in custody, underscoring the need for attorneys...


Intellectual Property

In May, a federal judge greenlit the Cubs' claims against a neighboring rooftop bar profiting from views over left field. On S...


Labor/Employment

Feeling the heat: Investigations of menopause-related accommodation complaints

Oct. 16, 2026
By Christina Ro-Connolly, Lauren Numeroff

Menopause-related accommodation complaints do not require a new investigative approach, but they can present sensitive factual...


Hey judges: Civility is a two-way street

Oct. 16, 2026
By Socrates P. Manoukian

Any serious discussion about civility must include an examination of how judges, cloaked with the mantle of public trust, mana...


International Law

The court the U.S. never joined

Oct. 15, 2026
By William M. Paparian

The United States has never consented to the International Criminal Court's jurisdiction over Americans, and that is not a clo...


Criminal

The dangerous consequences of a public military execution

Oct. 15, 2026
By Allan Lee Dollison

Drawing on his military service in Afghanistan, a former Army officer argues that publicly livestreaming the execution of Fort...