Constitutional Law
Journey to the Center of the Fourth (Amendment)
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
Top 100 list fails to recognize lawyers in public service
By Gary Schons
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
Texas bill may well channel constitutional review into a new context
By Kris Whitten
The U. S. Supreme Court’s refusal to stay implementation of Texas’ fetal heartbeat abortion law has generated a lot of comment...
Labor/Employment
Perpetual policy oscillation at the NLRB: There must be a better way
By Steven J. Porzio
The newly constituted National Labor Relations Board, which is now at full capacity with two new Biden appointees, along with ...
Probate
Bill still gives fiduciaries unfettered power to exploit probate litigants
By Sherry Lund
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
Is focusing on perceived and actual biases misplaced?
By Mark B. Baer
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?
By Geoffrey Stover, Andrew Huang
On Aug 3, the Centers for Disease Control and Prevention issued a nationwide residential eviction moratorium continuing the ba...
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’
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?
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
Support can be determined objectively in marital dissolutions
By Franklin R. Garfield
Determining the amount of support in a marital dissolution action is relatively simple and straightforward when the parties ha...
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
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
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
California law gives people the right to build ADUs. Cities need to let them.
By Daniel Woislaw
Decades of underbuilding, largely due to red tape imposed by prohibitive land use laws, has pushed California into a housing c...
Tax, Corporate
Biden’s retroactive 43.3% capital gains tax hike looms
By Robert W. Wood
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...
"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
Supreme Court ethics: In absence of a code where does the ‘buck stop’?
By A. Marco Turk
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
Shadow docket spurs lurking qualms about AI and the law
By Lance Eliot
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
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
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
Taxing college athlete name, image and likeness deals
By Robert W. Wood
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
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
Stop, think and listen for the bell!: CEQA and climate change
By Gary A. Patton
CEQA analysis of climate change has shifted. The alarm bell’s focus must include raising public awareness about how climate ch...
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
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
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
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
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
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...