Legal Education
Did Yale doctoral theses unfairly put Serranus Hastings in the middle of the Yuki massacre?
By Kris Whitten
Richard White, Naming America’s Own Genocide, The Nation (August 17, 2016) Thus, the horror depicted in its presentation does ...
Labor/Employment, Covid Columns
The abandonment of working women before, during and after COVID
By Jessica Fink
The fact that it was largely women who stepped up to pick up the slack should surprise no one. For years, women have taken on ...
Government, Civil Rights
Fewer gun laws, more shootings and viable solutions elude law enforcement
By A. Marco Turk
Now SCOTUS is looking to expand Second Amendment rights through its consideration of the pending case of New York State Rifle ...
Using Bluebook style in state court is like talking with a foreign accent: you will be understood and accepted, but it’s not h...
Judges and Judiciary, Civil Rights
Inconsistent court websites prevent access to justice
By Anthony Pinggera
Though we do not have a duty to actively assist our opponents in litigation in navigating an arcane system, we should make mor...
Litigation & Arbitration, Law Practice, Ethics/Professional Responsibility, Appellate Practice
How not to screw up your case in arbitration, part one
By Christopher David Ruiz Cameron, Kathy Fragnoli
In our view, it is a mistake bordering on malpractice for the respondent's counsel to put off the opening statement.
Tax, Law Practice, Appellate Practice
‘Pay me tomorrow’ may not defer tax on lawyers
By Robert W. Wood
Plaintiff lawyers can actually use a benefit most other people – including other lawyers – can’t: structured legal fees. Reduc...
Law Practice, Ethics/Professional Responsibility, Appellate Practice
Dressed to deceive
By Myron Moskovitz
Dressing a client to mislead a jury? It’s time to call it what it is - rank deception - and somehow put some limits on it.
Law Practice, Ethics/Professional Responsibility, Civil Litigation
Attorney public/private partnerships receive a boost
By Charles H. Abbott
The 4th District affirming the agreement between San Diego and private lawyers may encourage more public-private partnerships ...
Administrative/Regulatory
SEC suffers judicial setbacks for administrative hearings
By Nicolas Morgan, Kenneth Herzinger
These decisions will likely bring most SEC administrative proceedings to a screeching halt, at least in the Fifth Circuit.
State Bar & Bar Associations, Legal Education, Ethics/Professional Responsibility
Elimination of the bar exam would be a dangerous development
By Jason Tolerico
A “non-exam pathway” would undoubtedly allow many students to obtain licensure who are not minimally competent. Internship pro...
Judges and Judiciary, Government, Ethics/Professional Responsibility
Connecting California to the Courts
By Paul A. Bacigalupo
To combat misconceptions about our courts and return the public’s trust in the judiciary, it is essential for the entire legal...
Law Practice, Judges and Judiciary, Ethics/Professional Responsibility
In defense of old White men – A vanishing breed. On second thought – good riddance
By Arthur Gilbert
To my ear the tone was tinged with derision. I tried to shrink my slight, elderly frame into the grain of my big leather chair...
Entertainment & Sports
Stream It Tonight! Presumed Innocent (1990)
By Michael Asimow, Paul Bergman
The film begins with a shot of an empty courtroom and Sabich’s voice-over solemnly explaining that if a jury “cannot find the ...
Land Use, Government, California Courts of Appeal
Government cannot bind itself, nor its successors, not to govern
By Michael G. Walker
Nonetheless, boards persistently try to do just that. A common route they take to reach that result is by settlement of litiga...
Law Practice, Ethics/Professional Responsibility
Ego and insecurity hinder diversity
By Christopher C. Melcher
Environmental & Energy, California Courts of Appeal
Can a bee ever be a fish? Ah, definitions…
By Michael M. Berger
“The issue presented here is whether the bumble bee, a terrestrial invertebrate, falls within the definition of fish, as that ...
Government, Criminal, Civil Litigation
Will the Uvalde police be criminally prosecuted?
By Louis J. Shapiro
The only other previous police officer to be charged for failing to confront a gunman in the context of a school shooting was ...
Civil Litigation
Remote litigation: Why Johnny Depp went to a Virginia court to get Heard
By Harry J. Nelson, Yehuda Hausman
Because of California’s tough Anti-SLAPP statutes, Depp’s legal team likely calculated that it would be easier, and less risky...
Contracts, Civil Litigation
Prime contractors need to ensure subcontractors are licensed
By Garret D. Murai
On Sept. 28, 2015, Hoffman and his crew began to remove the tree. Before they could finish, however, Todd told Hoffman and his...
Technology, Intellectual Property, Constitutional Law
Twitter could become a safe haven for cyberbullies
By Christa H. Ramey
The public debate around free expression and censorship ramped up when COVID skeptics, election deniers and conspiracy theoris...
Even when the geofenced area and time window are narrowly tailored, there still remains the question: Is the geofence supporte...
Technology, Law Practice, Ethics/Professional Responsibility
Grumpy old guy finally bows to technology
By Louie H. Castoria
Keeping up with changes in the law practice, including law tech’s benefits and risks, makes good business sense.
Law Practice, Family, Appellate Practice
The transgender child custody discussion
By Scott J. Nord
Before we can talk about custody issues regarding transgender children, we must understand the important and complicated conce...
Of course, but for the fallibility of human nature, there would be no need for laws, including those governing the workplace.
Securities, Mergers & Acquisitions
M&A dry powder will drive spending spree
By Sara L. Terheggen
The volatile capital markets make M&A a more likely path for companies who are unable to raise capital or execute other ty...
Gascón’s policy allows for defendants to be diverted, meaning there is no conviction. If there is no conviction, there is no s...
Technology, Government, Civil Litigation
Self driving car expectations on a collision course
By Miguel A. Custodio
While other automakers have had lawyers draw up dreamy names to call attention to the fact that the car won’t drive itself, Te...
U.S. Supreme Court, Ethics/Professional Responsibility, Constitutional Law
The lessons of the leak in Dobbs
By Robert A. Schapiro
How should the leak figure into law school teaching? Perhaps this dramatic departure from accepted norms presents an important...
Litigation & Arbitration, Covid Columns, Constitutional Law
COVID shutdowns and the Constitution
By Michael M. Berger
An unused gym or restaurant is merely an empty shell of a building, not something economically beneficial or productive. Neith...