Technology, Law Practice
Experimental jurisprudence to be enriched via AI
By Lance Eliot
Relatively few day-to-day lawyers have heard about experimental jurisprudence. The wording alone is apt to imply something oth...
Government, Constitutional Law, Civil Rights
The California travails of former slave Archy Lee
By John S. Caragozian
As California applied for statehood in 1850, the slavery debate was consuming the nation. California intensified the debate, b...
Labor/Employment, Civil Litigation
Gig companies got too greedy with Prop 22
By John D. Winer, Michael S. Reeder
Proposition 22 “appears only to protect the economic interests of the network companies in having a divided, ununionized workf...
Technology, Data Privacy
How much is too much to protect your children against sexual predators?
By Svetlana McManus, Kamran Salour
When Apple announced last month that the upcoming release of iOS 15 would include two new safety features — Communication Safe...
Labor/Employment
How helpful is federal guidance for COVID long haulers?
By Frank N. Darras
Weeks and months after getting a COVID-19 infection, many survivors continue to experience disabling symptoms that limit or pr...
Health Care & Hospital Law
Body brokers unlawfully profit off of vulnerable members of society
By Doug Rochen
Government, Constitutional Law
The unconstitutional logic of California’s recall election
By Neil Auwarter
Governor Gavin Newsom faces the prospect of being recalled and replaced in an election in which he is the clear mathematical w...
Torts/Personal Injury
Sidewalk homeless encampments: hidden trap or obvious condition?
By Michael E. Rubinstein
A good Samaritan is distributing food and water at a homeless camp. She steps in the street to walk around a tent and is hit b...
Tax, Law Practice
Tax on law firm loans? The strange case of David Novoselsky
By Robert W. Wood
When you receive a loan, is the money taxable? Of course not, because you must pay back the money. Can lawyers borrow, too, ju...
Labor/Employment, Civil Litigation
Prop 22 ruling adds uncertainty to sizeable industry
By Jason D. Russell, Karen L. Corman
In a surprise decision with potentially far-reaching consequences for ride sharing companies and other companies that utilize ...
California Supreme Court
To stay or not to stay? Determining whether an injunction is stayed pending appeal
By Johanna Schiavoni
When litigating an appeal from an injunction, here are some key questions to consider at the outset: Is the order imposing the...
Constitutional Law
California law protects speech on Facebook and other platforms
By Richard A. Schulman
Facebook and other tech giants believe they can choose which speech to allow and which to ban because they are private compani...
I truly appreciate and definitely benefited from the Women’s Liberation Movement. Nonetheless, despite my very strong belief i...
On July 8, I found myself returning for my first in-person court appearance.
Legal Education
Law students return amid good news and challenges
By Robert A. Schapiro
As law students return to class this fall, they arrive amid several positive signs for legal education. Most obviously, stude...
Gascón’s juvenile justice policy ignored individualized facts, like the sophistication or heinousness of the crime.
Law Practice
A pilot program in SF can help pave way to more diverse juries
By Mano Raju
"Be the Jury" pilot program can help diversify juries.
Litigation & Arbitration
Arbitration Insights: Landing the game-changing witness
By Fred Bennett
Sometimes the legal gods smile on you. Your earth-scouring investigation of the facts surrounding an arbitration dispute yield...
Law Practice
Both parties must introduce the necessary evidence to resolve disputed issues
By Franklin R. Garfield
It is dangerous to hide the ball from the opposing party; and doubly dangerous to hide the ball from the court.
Intellectual Property
Submarine patents and the scope of the doctrine of 'Prosecution Laches'
By Daniel N. Yannuzzi, Patrick McGill
Echoes of the Great GATT Bubble of 1995: What is the Scope of the Doctrine of “Prosecution Laches?
Constitutional Law
Lawsuits could be a reckoning for the gun industry
By Arash Homampour
As a result of recent legal developments, the gun industry, which has weathered lawsuits and legislative efforts to clip its w...
9th U.S. Circuit Court of Appeals
9th Circuit also weighs in on personal jurisdiction at class certification stage
By Diane P. Flannery, R. Trent Taylor
9th Circuit ruling gives defendants breathing room to challenge personal jurisdiction over putative class members at class cer...
The $1.2 trillion infrastructure bill includes $65 billion to improve broadband infrastructure, middle mile infrastructure and...
We are now facing a veritable smorgasbord of lawsuits challenging eviction moratoria
Labor/Employment
Prop 22 is in limbo as workers’ compensation provision deems bill unconstitutional
By Eric B. Kingsley, Kelsey M. Szamet
On Friday, Alameda Superior Court Judge Frank Roesch declared Prop 22 unconstitutional on two separate grounds and ruled that ...
Health Care & Hospital Law
Natarajan v. Dignity Health: Welcome Support for California's Physicians and Their Hospital Patients
By Lowell C. Brown, Diane B. Roldán
One silver lining has emerged from this pandemic: Never, perhaps, has it been so clear how much we owe the physicians in our c...
Family
Conservatorship training riddled with errors and omissions
By Thomas F. Coleman
Training programs, like a mandatory training on limited conservatorships conducted last week by the Los Angeles County Bar Ass...
In family law, when one parent wishes to relocate with the minor child to a geographically different location, it is commonly ...
U.S. Supreme Court, Education Law, Constitutional Law
School speech: Does ‘on campus’ matter in the Digital Age?
By Ronald J. Scholar
A recent Supreme Court decision raises an important question: What does it mean to bring something onto a school campus, or an...
Law Practice, Ethics/Professional Responsibility
The ethics of wellness: How the rules require personal health
By Wendy L. Patrick
The practice of law is exhilarating and exhausting. It is both a marathon and a sprint. But one thing is clear: Effective lawy...