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Judges and Judiciary, Books

An excerpt from “Of Courtiers & Princes: Stories of Lower Court Clerks and Their Judges.”


Letters, Law Practice, Judges and Judiciary, Appellate Practice

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

MCLE
Mar. 8, 2021
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

Mar. 8, 2021
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

Mar. 8, 2021
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

Two rules can help avoid penalties.


Securities, Administrative/Regulatory

The recent GameStop/Robinhood stock trading saga has proved resistant to easy analysis or quick conclusions, both dividing and...


Constitutional Law

One step closer to professional freedom

Mar. 5, 2021
By Deborah J. La Fetra

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

Mar. 5, 2021
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.

MCLE
Mar. 5, 2021
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

Mar. 5, 2021
By Jessica Beckwith, Brian Slome

The State Bar has proposed two ethics opinions, one on colleague impairment and another on potential client obligations.


Alternative Dispute Resolution

What is mediation advocacy?

Mar. 5, 2021
By John H. Sugiyama

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

Mar. 5, 2021
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

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

Mar. 4, 2021
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

Mar. 4, 2021
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

It is now a matter of scientific consensus that schools — especially elementary schools — can reopen for in-person learning wi...


Bankruptcy

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 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?

Mar. 3, 2021
By Mary Thornton House

Lest anyone forget: Superior court judges and staff are essential workers.


U.S. Supreme Court, Law Practice

So fresh, so clean

Mar. 3, 2021
By Ashfaq G. Chowdhury

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

Last week the U.S. Supreme Court heard oral argument in a case which stemmed from a driving under the influence with priors pr...


Civil Rights

Rodney King: 30 years later

Mar. 3, 2021
By Greg Meyer

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

Walking into the Brooklyn courtroom of the legendary federal judge, the first thing you saw was an empty elevated bench.


Law Practice

A measure relating to appointed legal counsel in probate conservatorships was recently introduced into the California Assembly.


Civil Litigation

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

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

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

Mar. 2, 2021
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

The newly introduced California Senate Bill 331 would build on other laws passed in the wake of the #MeToo movement, further d...