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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 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

Now SCOTUS is looking to expand Second Amendment rights through its consideration of the pending case of New York State Rifle ...


Law Practice, Appellate Practice

Supraman’s Kryptonite

Jun. 7, 2022
By Benjamin G. Shatz

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

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

Jun. 7, 2022
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

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

Jun. 7, 2022
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

Jun. 6, 2022
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

MCLE
Jun. 6, 2022
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

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

Jun. 6, 2022
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

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)

Jun. 3, 2022
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

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

Jun. 3, 2022
By Christopher C. Melcher


Environmental & Energy, California Courts of Appeal

Can a bee ever be a fish? Ah, definitions…

Jun. 3, 2022
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?

Jun. 3, 2022
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

Jun. 2, 2022
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

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

Jun. 2, 2022
By Christa H. Ramey

The public debate around free expression and censorship ramped up when COVID skeptics, election deniers and conspiracy theoris...


Criminal, Constitutional Law

Don’t (Geo-)fence me in

Jun. 2, 2022
By Brian M. Hoffstadt

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

Jun. 2, 2022
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

Jun. 1, 2022
By Scott J. Nord

Before we can talk about custody issues regarding transgender children, we must understand the important and complicated conce...


Labor/Employment

A more just workplace

Jun. 1, 2022
By William M. Crosby

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

Jun. 1, 2022
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...


Government, Criminal

Gascón derails quality of life for Angelenos

Jun. 1, 2022
By Kathleen Cady

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

Jun. 1, 2022
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

May 31, 2022
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

May 31, 2022
By Michael M. Berger

An unused gym or restaurant is merely an empty shell of a building, not something economically beneficial or productive. Neith...