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U.S. Supreme Court, Education Law, Constitutional Law

Affirmative action in jeopardy

Oct. 18, 2022
By Erwin Chemerinsky

The effect of the Court having two cases on the docket this term is that it is likely to end affirmative action in both public...


Judges and Judiciary, Books

Nelson was in the second class at UCLA Law School; it was the 1950s, and she was one of two women in her class.


Law Practice, Criminal, Appellate Practice

The distinction between a hate incident and a hate crime is an important one.


U.S. Supreme Court, Constitutional Law

The case is poised to test whether the Constitution's structure and the separation of powers protect all states' policy choice...


Health Care & Hospital Law

My profile did not fit the societal view of someone that would find themselves in a psychiatric hospital. However, there were ...


Tax

These three tax rules are simple

Oct. 17, 2022
By Robert W. Wood

A lot of what goes on at the IRS is computer matching – the endless correlation of taxpayer identification numbers and payment...


Judges and Judiciary

On Unanimous Opinions

Oct. 17, 2022
By Myron Moskovitz

Suppose one of the signing Justices did have qualms, but swallowed them in order to accommodate a Chief who seeks "grea...


Government, Family

The law treats parents who do not support gender transition as presumptively unfit.


Torts/Personal Injury

Loss of consortium in personal injury litigation

MCLE
Oct. 17, 2022
By Reza Torkzadeh, Allen P. Wilkinson

Counsel handling a personal injury for a married person or person in a registered domestic partnership must be aware of the po...


Real Estate/Development, Land Use

While in the long term they could increase the availability of housing and rejuvenate underutilized commercial properties, not...


Judges and Judiciary, Ethics/Professional Responsibility

Things rarely go according to plan, especially when dealing with an opponent who dabbles in the dark arts of discovery gamesma...


Ethics/Professional Responsibility

Truth be told: why honesty is the best policy

Oct. 14, 2022
By Charles H. Dick Jr.

The Gallup Organization asked respondents to rate the honesty and ethical standards of people in different vocations. Only 19%...


Civil Litigation

Parties sometimes choose to secure a settlement payment by linking it to a specific future source of funds. If so, counsel sho...


Government, Ediscovery

Touhy Exposed

Oct. 13, 2022
By Joseph R. Saveri, David H. Seidel

Pushing back on federal agencies’ attempts to immunize themselves from subpoenas


Law Practice, Appellate Practice

Tips for successful jury selection

Oct. 13, 2022
By Dan L. Stanford

One of the best things I have ever done to establish credibility in jury selection is to memorize all of the names in the pros...


U.S. Supreme Court

Epochal Decisions

Oct. 13, 2022
By Curtis E.A. Karnow

The U.S. Supreme Court forecasts a devolution of power to the state legislatures as the vehicles of democracy, which assumes t...


There may not have been a Brown Act violation, but the illegally-recorded conversation could lead to possible challenges to la...


Labor/Employment

Can pay transparency shatter the glass ceiling?

Oct. 12, 2022
By Elena Hillman, Jake Rubinstein

The latest state to leap further into pay transparency legislation is California, traditionally a bellwether for progressive e...


Government, Ethics/Professional Responsibility, Ediscovery

What is new with CPRA?

Oct. 12, 2022
By Catherine Nashed

When responding to public records requests public agencies and attorneys alike are forced to address competing fundamental int...


Labor/Employment

Law schools and bar associations don’t accurately track the numbers of students and lawyers with disabilities, and the stigma ...


U.S. Supreme Court, Environmental & Energy

Bees, fish and the California Endangered Species Act

Oct. 11, 2022
By Brendan Cummings

Protecting All Species Under the Fish and Game Code


Technology, Civil Rights

Platform immunity in the crosshairs

Oct. 11, 2022
By Douglas E. Mirell

Rarely have Joe Biden and Clarence Thomas agreed upon anything. But their mutual recognition that something must be done to li...


Litigation & Arbitration, Data Privacy

The advantages of arbitrating data breach disputes

Oct. 11, 2022
By Daniel B. Garrie, Gail A. Andler

Arbitration is a private hearing and has the advantage of keeping the proceedings confidential, which can be crucial when deal...


Law Practice, Health Care & Hospital Law

For better or worse virtual hearings have become the norm in administrative and regulatory trials and there are no signs of it...


Real Estate/Development, Civil Litigation

When a drug house burdens a community, an enforcement agency should explore Drug Abatement/Red Light Abatement Actions.


International Law, Government, Constitutional Law

America treats over 3.5 million American citizens living in its territories as stepchildren – denying them representation in C...


California Supreme Court

California Supreme Court Review: September 2022

Oct. 10, 2022
By Alexis S. Coll, Ariel E. Rogers

Companies that market expressive works should avoid relying on anti-SLAPP to protect promotional claims and should be mindful ...


U.S. Supreme Court, Judges and Judiciary

Parody as advocacy

Oct. 7, 2022
By Lawrence P. Riff

The Onion’s brief can fairly be described as a parody of a Supreme Court brief. Reading it raises the interesting question tha...


Tax

IRS Form W-9 requests and backup tax withholding

Oct. 7, 2022
By Robert W. Wood

With backup withholding, when you file your tax return you are trying to get the IRS and the FTB to apply the withheld money t...