Judges and Judiciary, Books
California’s Technicolor clerkship: Rose Bird and her clerks
By Kirsten D. Levingston
An excerpt from “Of Courtiers & Princes: Stories of Lower Court Clerks and Their Judges.”
Letters, Law Practice, Judges and Judiciary, Appellate Practice
Implicit arguments do not explain ‘Justice Delayed’
By Charles A. Bird
The conceit of a regular columnist is to be published even when one has nothing to say. For this, I cite Myron Moskovitz's "On...
Law Practice, Civil Litigation
Errors relating to the presence of a jury
By David M. Axelrad
If prejudicial and properly preserved, these errors can result in reversal.
U.S. Supreme Court, Constitutional Law
The next landmark case on student free speech
By David Urban
Only about once in a decade does the U.S. Supreme Court decide a case on First Amendment rights of students. This year, the co...
Family
Strange new world: restrictions on the right to posthumously procreate
By Mark J. Phillips, Jake V. Phillips
The right of a woman to use the extracted sperm of a deceased partner is a fairly new concept in California, and with the rapi...
Tax, Law Practice
Guidance for navigating legal settlements, legal fees and estimated taxes
By Robert W. Wood
Two rules can help avoid penalties.
Securities, Administrative/Regulatory
Will the SEC expand the definition of a pump-and-dump?
By Paul A. Reynolds
The recent GameStop/Robinhood stock trading saga has proved resistant to easy analysis or quick conclusions, both dividing and...
A recent 9th Circuit decision was the first appellate ruling to permit a lawsuit to proceed on a challenge to forced membershi...
Labor/Employment
Workers’ lives hang in the balance pending stimulus
By Ronald L. Zambrano
At the end of last year, the Families First Coronavirus Response Act expired. An enormous safety net for workers dealing with ...
Law Practice, Ethics/Professional Responsibility
You had me at hello.
By Amy L. Bomse
Learn to avoid some of the common ethical pitfalls when it comes to potential clients.
Law Practice, Ethics/Professional Responsibility
Ethics opinions offer advice; some practical, some challenging
By Jessica Beckwith, Brian Slome
The State Bar has proposed two ethics opinions, one on colleague impairment and another on potential client obligations.
Mediation advocacy and trial advocacy are not the same. In what ways, however, are they different? Should attorneys who are co...
Law Practice, Ethics/Professional Responsibility
3 tips for attorneys who are facing a motion to disqualify
By Shari L. Klevens, Alanna G. Clair
While no attorney enjoys litigating their own conduct, motions to disqualify are not uncommon and can raise thorny questions, ...
Technology, Law Practice
Devising maps that are analogous to Google Maps, but for the law
By Lance Eliot
Online geographical maps provide quite handy capabilities and many think of Google Maps as the kingpin of such apps. Envision ...
Labor/Employment, Civil Rights, California Supreme Court
The Werdegar Presumption
By Michael D. Singer
In Brinker, Justice Kathryn Werdegar stated: “If an employer’s records show no meal period for a given shift over five hours, ...
Criminal
Renewed focus on rehabilitation in state criminal proceedings
By Dmitry Gorin, Alan Eisner
During the so-called “tough on crime” era, the pendulum in California sentencing swung heavily in favor of prioritizing punish...
Education Law, Covid Columns
Closed schools are legal and humanitarian violations
By Amir Torkamani
It is now a matter of scientific consensus that schools — especially elementary schools — can reopen for in-person learning wi...
Bankruptcy
New homestead exemptions, personal guaranties: Time to negotiate?
By Catherine E. Bauer
As of Jan. 1, the California homestead exemptions have changed significantly. Section 704.730 of the Code of Civil Procedure i...
Real Estate/Development, Administrative/Regulatory
Families with companion animals face additional struggles during pandemic
By Elizabeth Holtz
Families with companion animals face additional stressors, trying to pay for their animals’ care and securing animal-friendly,...
Judges and Judiciary, Covid Court Ops
Why don’t we just shut down the courts?
By Mary Thornton House
Lest anyone forget: Superior court judges and staff are essential workers.
If you don’t spend a lot of time on #appellatetwitter, you may have missed a recent momentous event in citation history.
U.S. Supreme Court, Criminal, Constitutional Law
Supreme Court hears case on ‘hot pursuit’ exception
By Gary Schons
Last week the U.S. Supreme Court heard oral argument in a case which stemmed from a driving under the influence with priors pr...
In the wee hours of March 3, 1991, the tragic Rodney King incident took place in Los Angeles. It impacted police policy and tr...
Judges and Judiciary
Jack Weinstein at 100: A visionary for our legal institutions in 2021
By Aaron J. Fischer
Walking into the Brooklyn courtroom of the legendary federal judge, the first thing you saw was an empty elevated bench.
Law Practice
AB 596: A Trojan horse bill diminishes the right to counsel
By Thomas F. Coleman
A measure relating to appointed legal counsel in probate conservatorships was recently introduced into the California Assembly.
Civil Litigation
Court to decide scope of Amazon’s liability for defective products
By Jeremy K. Robinson
Following oral argument on Feb. 23, the 2nd District Court of Appeal appears poised to expand the reach of last year’s Bolger ...
Construction, California Courts of Appeal
‘Substantial completion’ in construction defect cases
By Garret D. Murai
Those in the construction industry know that the two primary statutes of limitation applicable to construction defects are the...
Letters, Judges and Judiciary, Appellate Practice
Delays are far longer than need to ‘get it right’
By Jon B. Eisenberg
My complaint to the Commission on Judicial Performance focuses on appeals where a few justices of the 3rd District have inargu...
Judges and Judiciary, Appellate Practice
The other 3R’s: reversed, remanded, reassigned
By Benjamin G. Shatz
Have you heard about Houston federal judge Lynn N. Hughes of the Southern District of Texas? He’s become infamous for making “...
Labor/Employment, Corporate
Bill would build on previous #MeToo nondisclosure agreement laws
By Eliot J. Rushovich
The newly introduced California Senate Bill 331 would build on other laws passed in the wake of the #MeToo movement, further d...