U.S. Supreme Court, Government, Constitutional Law
Major questions about the major questions doctrine
By Alison Somin
Don’t miss the broader legal significance of the Supreme Court’s vaccine-or-test cases.
There’s a reason more senior attorneys rely on referrals for business development: It’s one of the profession’s surefire ways ...
Construction, Civil Litigation, California Courts of Appeal
Despite admission, roadway contractor can’t avoid liability
By Garret D. Murai
For the roadway contractor, it appeared to be an open-and-shut case due to an admission of liability. But that wasn’t how the ...
Legal Education
An alternative option for renaming UC Hastings College of the Law
By Kris Whitten
There is a speedier solution that might be the ticket — one that few will probably embrace but most can live with (aka a good ...
Letters, Judges and Judiciary
Disabled candidates are lacking in judicial appointments
By Mark S. Siegel
In three years, the governor’s appointment rate of people with disabilities is less than 1%. It is also my understanding that ...
U.S. Supreme Court, Administrative/Regulatory
An opportunity to reckon with the truth of cannabis prohibition
By David C. Holland
In a case that asks whether the federal Controlled Substances Act preempts certain state workers’ compensation law, the U.S. S...
U.S. Supreme Court, Intellectual Property
Ruling expands policy of leniency for copyright registration errors
By Samuel Brooks
In a ruling at the end of Febraury, the U.S. Supreme Court took another step down the road of relaxing the formalities claiman...
Securities, Law Practice, Civil Litigation
Upcoming forum to discuss recent trends in securities class actions
By Ellen Anne G. Stewart
As we enter the third month of 2022 amid swirling uncertainty in many aspects of professional and personal life, legal practit...
I’ve watched lots of lawyers argue appeals — usually while waiting my turn at the bottom of an oral argument calendar. Most do...
While my colleagues and I strongly support education and awareness to heighten our sensitivity to implicit bias, I cannot help...
With the lack of court appearances and trials, rustiness in daily practice and trial procedures crept in.
Labor/Employment, Alternative Dispute Resolution
What does it mean to apologize in employment mediations?
By Jonathan Andrews
“Apology, forgiveness and reconciliation” is a powerful concept in dispute resolution; however, it is rarely explored in emplo...
Government, Criminal
They were elected to enforce laws, not write them
By Eugene M. Hyman
The people elected legislators to write their laws; they elected members of the executive branch to enforce them. They’re welc...
Labor/Employment, Government, Criminal
State misses deadline for peace officer bias screening rules
By Geoffrey S. Sheldon, Paul D. Knothe
Effective January 1, 2021, Assembly Bill 846 amended California Government Code Section 1031 to require that candidates for jo...
Law Practice, Alternative Dispute Resolution
Handling the hot potato of ‘manifest disregard of the law’
By Fred Bennett
It seems to have first shown its face in 1953 and, as the great poet said, “not with a bang, but a whimper” — a federal appeal...
International Law, Government, Civil Litigation
An iron river of guns: Mexico versus the US gun industry
By William Slomanson
The gun cultures in the U.S. and Mexico could not be more different. U.S. citizens enjoy a robust constitutional right to gun ...
Military Law, Labor/Employment, Criminal
Addressing sexual harassment in the United States Military
By Eileen C. Moore
What led up to recent executive order making sexual harassment an offense under the Uniform Code of Military Justice?
Law Practice, Ethics/Professional Responsibility
Remember ethical obligations when talking to the media
By Shari L. Klevens, Alanna G. Clair
Almost immediately after the filing of a new complaint or a decision on a dispositive motion, attorneys may receive a call fro...
Probate, Law Practice, Family
AB 1194: California’s new conservatorship legislation
By Catherine M. Swafford
This new legislation is meant to address conservatorship abuse — but some believe it goes too far, while others believe it doe...
Law Practice, Entertainment & Sports
Stream It Tonight! ‘Adam’s Rib’ (1949)
By Paul Bergman, Michael Asimow
Why watch? A dramedy makes a powerful argument for gender equality two decades before the “Women’s Liberation” movement.
Law Practice, Government
How Baja California remained part of Mexico
By John S. Caragozian
When the Mexican-American War’s military battles ended, the U.S. wanted to annex all of California, including Baja, but the ev...
As the California Supreme Court has made clear, an insurer cannot reasonably and in good faith deny payments to its insured wi...
Intellectual Property, Entertainment & Sports, Civil Litigation
Copyright protection for public performances of pre-1972 music
By Dariush Adli
A 9th Circuit decision has renewed focus on copyright protection for public performances of pre-1972 sound recordings.
This month we'll delve a little deeper and reiterate the theme that lawyers really do get to boldly go.
Consumer Law
Bad news for bail bonds: Companies subject to cosigner notice requirement
By Christopher J. Willis, Stefanie H. Jackman
A recent California Court of Appeal decision, which may have sweeping effects on the bail bond industry, has held that bail bo...
Government, Constitutional Law
Ruling persuasively rejects Trump’s First Amendment protection claims
By John H. Minan
The fact that Trump lost his motion to dismiss is not the end of the litigation. Appeals are likely. But the 112-page, well-re...
The past year has been active for art law litigation, with cases concerning works by artists ranging from Andy Warhol to Dr. S...
U.S. Supreme Court, Constitutional Law
The regulatory taking conundrum
By Michael M. Berger
In a recent dissent from a denial of certiorari, Justice Clarence Thomas uttered this simple phrase: “If there is no such thin...
State Bar & Bar Associations, Law Practice, Criminal
State Bar of California is not protecting half a million victims
By Antonio R. Sarabia II
It is shocking that victims are not routinely advised of their right to counsel: The accused rapist will be told of his right...
Law Practice, Civil Litigation
The Evidence Slayer: Evidence Code Section 721(b)
By Lawrence P. Riff
When it comes to experts, there is usually little good to come of the more pedestrian modes of impeachment.