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...
Judges and Judiciary
Do American judges have the security they need?
By James J. Brosnahan
The executive and legislative branches have the power to command money for security personnel. Celebrities and extremely wealt...
Entertainment & Sports, Contracts
Contract negotiations and free agency…in collegiate athletics?
By Frank N. Darras
For those tossing tomatoes from the cheap seats arguing paying college athletes was going to destroy college sports…locker roo...
Government, Corporate, Civil Rights
Despite recent adverse rulings, shareholder activism continues
By Kimberly Jaimez, David Oliwenstein
Notwithstanding the above rulings, many shareholder groups remain steadfast in their demand for diversity at the top.
As has been observed by commentators, the distinction between use of a name or logo in these types of situations as either hea...
International Law
Assets linked to Russian oligarchs could put California in the crosshairs
By Derek Centola, Stephanie Yonekura
Given California’s economic prowess in key sectors – agriculture, healthcare, technology and a high-priced housing market – th...
We may never know which jury verdict was correct, guilty or not guilty.
Health Care & Hospital Law, 9th U.S. Circuit Court of Appeals
9th Circuit decision will thwart access to mental health care
By Robert Newman
If the Wit decision is allowed to stand, it will set a terrible precedent for other health care insurers throughout the United...
Entertainment & Sports, Criminal
Literature’s first courtroom drama: Brennu-Njáls Saga
By Mark Yohalem
The saga conjures a world in which wealth and warrior prowess – what we consider the hallmarks of a successful Viking chief – ...
Data Privacy, Civil Litigation
CPRA Series: Part V - Litigation and Enforcement
By Josh Davey, Daniel Waltz
In this fifth and final installment of our series on the CPRA, we provide an overview of expected enforcement activity, both b...
Real Estate/Development
Two years in; trends are emerging in commercial office leasing
By Daniel B. Myers
Due to the pandemic, parties entering into new leases now pay much greater attention to the force majeure provision. Tenants a...