Judges and Judiciary, Criminal
A California judge’s inside look at criminal justice in America
By Katherine Mader
The human aspects of judging are a mystery to most members of the public, and even to lawyers. As a fan of "insider stories," ...
A recent appellate ruling shows that while there are a number of ways lawyers can prove their hours to a trier of fact, only o...
Law Practice, Civil Litigation
The ‘catalyst theory’ of attorney fees
By Angela Reid
The California Supreme Court has endorsed the catalyst theory under which a plaintiff may receive attorney fees if he or she c...
Law Practice, 9th U.S. Circuit Court of Appeals
A new standard for determining waiver of work product privilege
By LaKeysia Beene, Jason E. Fellner
The 9th Circuit recently set forth a new and clarifying standard for determining whether a party to a federal action has waive...
Entertainment & Sports, Civil Litigation
Next up for the Oakland A’s new stadium plan: another lawsuit
By Darrin D. Gambelin
While some have been enjoying the return of baseball, albeit without fans in the stands, the Oakland A’s are moving forward w...
Criminal, Constitutional Law
More than just a name: identity theft and Miranda’s booking exception
By Nicholas R. Helms
Identity theft crimes create a unique situation in cases that involve the booking exception to Miranda. During the booking pro...
Technology, Law Practice
Latest AI tool provides boon and bust for law practice
By Lance Eliot
A new artificial intelligence tool known as GPT-3 has been getting a lot of media attention and fueling excitement for what AI...
Books
Since we’re all armchair epidemiologists, let’s try toxicology, too
By Lawrence P. Riff
In the age of COVID-19, we are all armchair epidemiologists and virologists. These topics closely relate to a larger branch of...
You have heard the stories from around the nation recently: A woman called the police because she perceived “an African-Americ...
Environmental & Energy
The ongoing saga of the Dakota Access Pipeline
By Melissa Malstrom
July was a tough month for the pipeline industry.
Torts/Personal Injury, Civil Litigation, California Supreme Court
When is ‘each defendant’ not ‘every defendant’? Under Prop 51
By Don Willenburg
Proposition 51 makes “each defendant” jointly liable for all economic damages, but severally liable for noneconomic damages on...
Administrative/Regulatory
For ruling on 5G regulations, 9th circuit turns to payphones
By Anita Taff-Rice
The court this month applied the standard from one of the oldest communications devices — payphones — to largely uphold the Fe...
Government, Constitutional Law
Trump’s COVID-19 actions and the limits of executive power
By John H. Minan
On Aug. 8, President Donald Trump issued an executive order and three presidential memoranda tied to fighting the financial ef...
Letters, Law Practice
Top lawyer list excludes lawyers not in private practice
By Richard M. Frank
I was disappointed when I read the Aug. 12 supplement, “Top 40 Under 40.”
State Bar & Bar Associations, Immigration
Licensing nonlawyers to practice immigration law will harm consumers
By Shirin Egodage, Sabrina R. Damast
Recently the State Bar of California approved recommendations by its Task Force on Access Through Innovation of Legal Services...
Constitutional Law, Civil Rights
How to celebrate 100 years of women’s suffrage? Recognize the Equal Rights Amendment...
By Linda T. Coberly, Eva Davis
It took 70 years of advocacy for the 19th Amendment to pass, and it has taken a hundred more for the Equal Rights Amendment to...
Government, Constitutional Law
Senator Kamala Harris is eligible to be vice president
By Erwin Chemerinsky
Some conservatives, and now President Donald Trump, have advanced an argument with absolutely no legal foundation — that Harri...
9th Circuit ruling reaffirms protection for women fleeing domestic violence
By Blaine M. Bookey
In June 2018, then-Attorney General Jeff Sessions issued a sweeping decision known as Matter of A-B- in an attempt to eliminat...
Government, Environmental & Energy
The Water Resilience Portfolio: An ambitious blueprint for California water in the face of climate change
By Willis Hon, Tara Paul
Governor Gavin Newsom recently released the final version of his Water Resilience Portfolio, which identifies 142 state action...
Government, Civil Litigation, 9th U.S. Circuit Court of Appeals
Ruling cools overheated debate about dismissing FCA cases
By Claire M. Sylvia
The 9th Circuit recently rejected the government’s appeal of a district court decision denying its motion to dismiss a False C...
We all may like to grumble about the legal system from time to time, and may even about appellate judges themselves. But consi...
Tax, Civil Litigation
Appellate court slashed award in Round up case; now for the tax bill
By Robert W. Wood
The appeal is still a win for plaintiffs, and it may influence even more suits. There are already vast numbers of cases. Most ...
Intellectual Property, Entertainment & Sports, 9th U.S. Circuit Court of Appeals
Recent developments in copyright law
By Neville L. Johnson, Douglas L. Johnson
Characters, ideas and the 9th Circuit
Intellectual Property, Government
New election, same tune
By Jordyn Ostroff, Cassandra Seto
Danger facing political campaigns for using songs without permission
Tax
More cryptocurrency tax worries? IRS now has training for auditors
By Robert W. Wood
Tax worries about crypto have changed. Audits involving crypto have now ramped up in a big way. The IRS has crypto training no...
Health Care & Hospital Law, Administrative/Regulatory
Agency in charge of Proposition 65 has lost its way
By Raphael Metzger
The Office of Environmental Health Hazard Assessment (OEHHA) is the scientific agency that is responsible for administering th...
Law Practice
How attorneys can mind their well-being during the COVID pandemic
By Fernando Flores
Unfortunately, the one hour of MCLE on competence that we are required to complete every three years does little to prepare us...
Law Practice
Clamor for open access to court records bolstered by AI advances
By Lance Eliot
There has been an increasing call for enabling greater open access to court records of the U.S. justice system, which catches ...
Labor/Employment, Entertainment & Sports, 9th U.S. Circuit Court of Appeals
Who’s watching Hollywood’s gatekeepers?
By Duncan Crabtree-Ireland, Danielle Van Lier
Ruling in Judd v. Weinstein will help address sexual harassment in non-employment, professional contexts
Supposedly, women have equal employment opportunities within our nation’s armed forces. But to avail themselves of those oppor...