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Constitutional Law

Journey to the Center of the Fourth (Amendment)

Sep. 21, 2021
By Brian M. Hoffstadt

But just as mantle and core underlie the earth’s crust, there is much more going on beneath the surface of the U.S. Supreme Co...


Letters, Law Practice

The Daily Journal’s recent Top 100 list includes only one government lawyer -- the governor’s appointments secretary, who does...


Government, Constitutional Law, Civil Rights

The U. S. Supreme Court’s refusal to stay implementation of Texas’ fetal heartbeat abortion law has generated a lot of comment...


Labor/Employment

The newly constituted National Labor Relations Board, which is now at full capacity with two new Biden appointees, along with ...


We assume that we have “equal protection under the law” but this is not true. We assume that the California Legislature will p...


Law Practice, Alternative Dispute Resolution

When people think of bias, they tend to associate it with unfairness and injustice. While unchecked biases can and do often ha...


Real Estate/Development, Government

Now that CDC’s federal eviction protection is no more: What’s next?

Sep. 20, 2021
By Geoffrey Stover, Andrew Huang

On Aug 3, the Centers for Disease Control and Prevention issued a nationwide residential eviction moratorium continuing the ba...


Law Practice, Appellate Practice

Judicial Notice

MCLE
Sep. 20, 2021
By David M. Axelrad

Although subject to a number of rules and qualifications, judicial notice is often the easiest way for a trial or appellate co...


California Supreme Court, California Courts of Appeal, Appellate Practice

‘PETITION DENIED’

Sep. 20, 2021
By Myron Moskovitz

The first time I saw that response to a petition for writ of mandate I’d filed in an appellate court, I did not take it well. ...


Civil Litigation, Appellate Practice

Is that injunction prohibitory or mandatory?

Sep. 20, 2021
By Charles M. Kagay

An injunction can be prohibitory or mandatory, and the distinction matters. But creative lawyers may attempt to obfuscate an i...


Family, California Courts of Appeal

Determining the amount of support in a marital dissolution action is relatively simple and straightforward when the parties ha...


Alternative Dispute Resolution

The Elephant Test

Sep. 17, 2021
By Robert S. Mann

First, think of an elephant. It probably took you only an instant to picture an elephant, or think something about an elephant...


Government, Administrative/Regulatory

Private equity firms and PPP fraud liability under the False Claims Act

Sep. 17, 2021
By Winston Y. Chan, Trisha Parikh

The U.S. Department of Justice’s increased focus on the private equity sector in recent years has coincided with that sector’s...


Intellectual Property, Entertainment & Sports, Civil Litigation

3 more music litigation developments in 2020-2021

MCLE
Sep. 17, 2021
By Neville L. Johnson, Douglas L. Johnson

Attorneys from Beverly Hills’ Johnson & Johnson LLP review some of the latest developments in music litigation over the pa...


Real Estate/Development, Land Use

Decades of underbuilding, largely due to red tape imposed by prohibitive land use laws, has pushed California into a housing c...


Tax, Corporate

President Joe Biden proposed a 43.4% capital gain rate, but it is supposed to hit only those earning $1 million or more. Of co...


Books

Aunt Mildred and the Gestapo

Sep. 16, 2021
By Richard Wirick

"All the Frequent Trouble of Our Days: An American Woman at the Heart of the Resistance to Hitler," by Rebecca Donner (Random ...


U.S. Supreme Court, Ethics/Professional Responsibility

The nine justices of the U.S. Supreme Court are the only judges in our country who are not subject to a code of judicial ethic...


U.S. Supreme Court, Technology, Law Practice

Legal handwringing is taking place about the increasing use by the U.S. Supreme Court of a shadow dockets approach that produc...


Entertainment & Sports, Civil Litigation

3 music litigation developments in 2020-2021

MCLE
Sep. 16, 2021
By Neville L. Johnson, Douglas L. Johnson

Attorneys from Johnson & Johnson LLP in Beverly Hills review recent developments affecting music litigation. MCLE available.


U.S. Supreme Court, Environmental & Energy

Back to the future for WOTUS

Sep. 16, 2021
By Andre Monette

A district court in Arizona recently directed the EPA and Army Corps to apply the pre-2015 standard for Clean Water Act jurisd...


Tax, Entertainment & Sports

For generations, it did not seem possible that college athletes could earn big before they went pro. Some star high school ath...


Law Practice

Why clients should be completely honest with lawyers

Sep. 15, 2021
By Allen P. Wilkinson, Reza Torkzadeh

Quite often the thing that your client fears will harm the case is irrelevant and not be admissible at trial to begin with.


Environmental & Energy, California Courts of Appeal

CEQA analysis of climate change has shifted. The alarm bell’s focus must include raising public awareness about how climate ch...


Labor/Employment

It’s time to end at-will employment

Sep. 15, 2021
By William M. Crosby

The statutory presumption of at-will employment, codified in California Labor Code Section 2922, remains an unjust vestige of ...


Government, Antitrust & Trade Reg., Administrative/Regulatory

Antitrust reform has been a long time in the making

Sep. 14, 2021
By Trace Mitchell

America’s longstanding antitrust policy is under fierce attack. What was once a relatively insipid area of law characterized b...


Government, 9th U.S. Circuit Court of Appeals

No vacancy: addressing homeless camps in California

Sep. 14, 2021
By Adrian Verduzco

The Los Angeles City Council passed an ordinance on July 28 outlawing camping around parks, libraries and other public buildin...


Health Care & Hospital Law, Government, Constitutional Law, Civil Rights

The dangerous implications of Texas’ new abortion law

Sep. 14, 2021
By Erwin Chemerinsky

What has been missing from the discussion of the Texas law prohibiting abortions is why it was structured to allow only civil ...


Health Care & Hospital Law, Government

COVID vaccine mandates and the right to swing your arms

Sep. 14, 2021
By Timothy D. Reuben

Last week, about eight months after taking office, President Joe Biden finally announced that enough is enough and ordered tha...


Health Care & Hospital Law, Constitutional Law, Civil Rights

Texas’ fetal heartbeat law creates procedural morass, but doesn’t preclude judicial review

Sep. 14, 2021
By Howard M. Wasserman, Charles W. "Rocky" Rhodes

S.B. 8 sets procedural traps, but providers and advocates can overcome them through the ordinary processes of presenting const...