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Legal Education

Death in the Pass: An 1851 Melodrama

Apr. 28, 2022
By John S. Caragozian

A battle seemed inevitable until, by happenstance, a column of 50 U.S. Cavalrymen on a routine march from San Diego arrived in...


When proceedings move online, they become less formal. With less formality comes less worry about everything from performance ...


Litigation & Arbitration

The parties bargained for arbitration, and, in turn, a different set of rules.


Labor/Employment

When SB 826 was enacted, 29 percent of California public companies had no women on their boards. By March 2021, the percentage...


State Bar & Bar Associations

Towards a Tougher State Bar Audit

Apr. 27, 2022
By Antonio R. Sarabia II

It seems the audit is more likely to lead to agency bloat than improved efficiency.


Real Estate/Development, Land Use, Government

Someday your price will come? Really?

Apr. 27, 2022
By Michael M. Berger

The government got its project. In the process, private property was taken. After a trial, that property was valued, and the g...


Law Practice, Appellate Practice

Demystifying Conservatorship

MCLE
Apr. 26, 2022
By Matthew D. Kanin

Current conservatorship law neither implies nor requires a finding that a person is wholly incompetent. Eligibility for conser...


Litigation & Arbitration, Environmental & Energy

Just last year, the Fifth District Court of Appeal issued a decision in Antelope Valley Groundwater Cases v. Los Angeles Count...


Torts/Personal Injury, Health Care & Hospital Law

The result was a family who now cannot assert claims for punitive damages against a health care provider who engaged in horrif...


Law Practice, Labor/Employment, Appellate Practice

Going forward, courts will likely consider new circumstances, and given the exponential increase in volume of remote work, new...


Real Estate/Development, Land Use, Government

Forced sale of public nuisance property not a taking

Apr. 25, 2022
By Bradford B. Kuhn, Jillian Friess Leivas

On appeal, the Court explained that while the government must pay when it takes private property, including a lien, there is a...


Law Practice, Appellate Practice

Poking holes in CDA Section 230 immunity

Apr. 22, 2022
By Douglas E. Mirell

Fortunately, there are a few cases that have poked some holes in the liability barrier erected by Section 230 – thanks largely...


True gifts are not income the IRS can tax, but the line between what is income and what is a gift is sometimes disputed.


President Biden has proposed what he calls the “Billionaire Minimum Income Tax” as part of his new budget. The title is a misn...


Torts/Personal Injury

In order to obtain coverage for disgorgement settlements, policyholders need to overcome a series of hurdles.


By asking the Legislature to change the College’s name, its Board of Directors is attempting to impair the contract that creat...


Law Practice, Judges and Judiciary, Appellate Practice

Appellate review of the failure to exercise discretion

Apr. 21, 2022
By David M. Axelrad

When evaluating a trial court’s rulings for potential abuse of discretion, look not only for both unreasonable trial court rul...


Government, Data Privacy

One of the most interesting pieces of legislation that ought to have a chance of passage is S.500 – a bipartisan bill that wou...


Judges and Judiciary, Government

Victims are traumatized by crime. When the elected prosecutor tramples their rights and abandons them, they are traumatized a ...


Law Practice, Appellate Practice

CPRA series: Part II - Consumer rights

MCLE
Apr. 20, 2022
By Ron Raether, Kamran Salour

The CPRA modifies the rights afforded to California residents under the CCPA and creates new rights, such as the right to limi...


Technology, Judges and Judiciary

Bring transparency to our prison system!

Apr. 19, 2022
By James P. Gray

As an example, one of my correspondents wrote to me that he is Jewish, and he had heard that some fellow inmates who were skin...


Law Practice, Appellate Practice

The airwaves, billboards, and internet, are now flooded with legal advertising – one result of which is to generate tens of mi...


Law Practice, Judges and Judiciary, Appellate Practice

Despite Batson/Wheeler, Black jurors are the subject of peremptory challenges about 72% of the time. In contrast, White jurors...


Entertainment & Sports

Stream It Tonight! The Talk of the Town (1942)

Apr. 19, 2022
By Paul Bergman, Michael Asimow

Law is more than words on a page; its spirit must be engraved on our hearts. Many decades later, this speech still rings true.


Letters, Contracts


Health Care & Hospital Law, Criminal

Due to AB 124 and other recently passed laws, it is more imperative than ever for lawyers and judges to be aware and informed ...


Labor/Employment, Entertainment & Sports

The players who embody the future of the game earn an annual salary of between $4,800 and $15,400. They also live in terrible ...


Entertainment & Sports

Stream It Tonight! A Place in the Sun (1951)

Apr. 18, 2022
By Michael Asimow, Paul Bergman

The movie is based on Theodore Dreiser’s classic novel “An American Tragedy” (1925). The deeper story is about the American cl...


Technology

Social media companies must help parents do their jobs

Apr. 15, 2022
By Christa H. Ramey

In “tea rooms” or “shade rooms,” teens regularly post disparaging comments and photos of their peers and engage in online bull...


Technology, Labor/Employment

One employee, Chris Smalls, was frustrated by H.R.’s lack of responses to workers’ demands, so he organized an employee walkou...