Constitutional Law
Equality at 250: A crisis of empathy in the Constitution's promise
By Karis Stephen
Judges and Judiciary, Constitutional Law
The founders didn't foresee the erosion of judicial independence
By Joseph W. Cotchett Jr.
Law Practice, Constitutional Law
From quill to AI: How law practice has changed over 250 years
By James Wagstaffe
Immigration, Constitutional Law
How courts built federal control over immigration in America
By Kevin R. Johnson
Intellectual Property, Constitutional Law
America's original patent system in the AI age
By Betty Chen
U.S. Supreme Court, Constitutional Law
From obscurity to omnipotence, the evolution of the Supreme Court's long rise to power
By John S. Caragozian
Appellate Practice
Use it or lose it: How trial court forfeitures can doom an appeal
By Michael von Loewefeldt, Robert A. Roth
Preserving issues in the trial court is often the key to preserving arguments on appeal. Trial lawyers who understand forfeitu...
Remembered today largely through the film "I Want to Live!," Barbara Graham's 1955 execution prompted a re-examination of her ...
U.S. Supreme Court, Securities
Activist shut out at the gate in Supreme Court win for closed-end funds
By Timothy D. Reynolds, Jennifer Luz
In FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd., the Supreme Court ruled that Section 47(b) of the I...
Workplace investigators who skip rapport-building in favor of blunt fact-finding may be undermining their own interviews. Buil...
Civil Procedure
A Section 998 offer more favorable than the judgment is, by definition, reasonable
By David B. Wasson
Why Pineda's good-faith requirement undermines the settlement the statute was built to encourage.
Law Practice
Good lawyering begins with good communication
By Christopher Frost, Kris Rossfeld
Lasting client relationships are built not on rainmaking alone, but on trust, proactive communication, business-minded advice,...
Labor/Employment
Does Pope Leo XIV's call to 'disarm' AI create a religious right to refuse it?
By Brian C. Stewart
Pope Leo XIV's encyclical on artificial intelligence frames AI as a question of human dignity and may shape future religious a...
The California Supreme Court has curtailed blanket peremptory challenges under Code of Civil Procedure Section 170.6, but part...
Alternative Dispute Resolution
Principle, curiosity and the ground beneath a mediation
By Greg Derin
Effective mediation requires parties and counsel to balance principle with practical awareness, shifting between abstract conv...
Technology
Legal AI is smarter than it seems yet dumber than it claims
By Thomas M. Hall
At a Westlaw CoCounsel demo in Los Angeles, lawyers revealed a mix of excitement and unease as legal AI showed it can draft br...
Torts/Personal Injury
The hidden danger of smoke exposure after the air clears
By Stacy Thumsuden
Smoke inhalation injuries are routinely underestimated, delayed in presentation and catastrophic when untreated. For elderly r...
Congress has rewritten the rules for Nazi-looted art claims, sweeping away decades-old defenses and setting the stage for high...
Ethics/Professional Responsibility
What lawyers need to know before a CTAPP compliance review arrives
By Gary L. Krausz
With up to 800 attorneys a year expected to face mandatory CTAPP reviews, California lawyers should now treat the program as a...
Technology
What small firms should learn from Kirkland's half-billion AI bet
By Lindsey S. Mignano
As Kirkland & Ellis reportedly invests roughly $500 million in its own AI platform, many lawyers are asking a pressing que...
U.S. Supreme Court, International Law
The strange afterlife of Cuban property seizures
By Michael M. Berger
The Supreme Court's rulings in major Cuban confiscation and trafficking cases clarify the scope of the Libertad Act and modern...
The Uber ballot war we were ready to fight was called off last week in a private deal. Here is what it taught the next generat...
Construction
California Civil Code section 8850: Redefining construction dispute resolution
By Theresa C. Becerra, Zackary G. Smith
The Private Works Change Order Fair Payment Act may fundamentally reshape construction dispute resolution in California, requi...
A settlement agreement's tax language can be as important as the settlement amount itself. Plaintiffs who ignore allocations a...
Insurance, Civil Procedure, 9th U.S. Circuit Court of Appeals
9th Circuit confirms use of extrinsic evidence in interpreting insurance policies
By Kirk A. Pasich
Insurance coverage disputes always start with questions about the interpretation of insurance policies. But despite decades of...
International Law
When the goalposts move: Rethinking dispute strategy in Mexico
By Ilan Katz
Mexico's ongoing judicial reforms are reshaping how foreign investors think about risk, enforcement and dispute resolution.