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State Bar & Bar Associations, Legal Education

Plans for the bar exam fail to stand up to close scrutiny

Jul. 10, 2020
By Michael Hunter Schwartz

The California State Bar’s plans for the upcoming October bar exam rely on a dubious, unprecedented version of the multi-state...


Law Practice

Litigation funding during the age of quarantine

Jul. 10, 2020
By Shari L. Klevens, Alanna G. Clair

In addition to the devastating human toll resulting from COVID-19, the pandemic has had an impact on the economy now and likel...



Legal Education

Diploma privilege

Jul. 10, 2020
By Song Richardson

The California Supreme Court should adopt an emergency diploma privilege. It is the equitable, fair, and compassionate solutio...


Judges and Judiciary, Books

Summer reading for our times

Jul. 10, 2020
By Curtis E.A. Karnow

This is a good time to re-read — or for some to pick up for the first time — materials on implicit bias, and in particular how...



Labor/Employment, California Supreme Court

The California Supreme Court recently answered questions of how California labor laws apply to employees who perform work insi...


Immigration

The asylum system is under attack. Over the past few years, we have seen policy after policy, fueled by racism and xenophobia,...



U.S. Supreme Court, Criminal, Constitutional Law

Who watches the watchers?

Jul. 9, 2020
By Brian M. Hoffstadt

In all criminal cases, the accused is presumed innocent. This means that a jury must not presume that person accused of violat...


Health Care & Hospital Law, Government

Governor Newsom and other California officials have used the virus as an excuse to create a Sacramento-based medical welfare s...



U.S. Supreme Court, Intellectual Property

The U.S. Supreme Court recently denied petitions for certiorari from U.S. Court of Appeals for the Federal Circuit decisions a...


U.S. Supreme Court, Civil Litigation

The stakes in Henry Schein II are much larger than the narrow conflict among the circuits regarding delegation of “gateway” is...



U.S. Supreme Court, Intellectual Property

Booking.com and consistency in obtaining registrations at USPTO

Jul. 8, 2020
By Laura Chapman, Michelle Kahn

The U.S. Supreme Court’s recent opinion comes as no surprise to veteran trademark practitioners, not only for its holding, but...


State Bar & Bar Associations, Legal Education, California Supreme Court

During this pandemic, the class of 2020 law graduates moved to online instruction mid semester. Many did not have a chance to ...



As part of the Tax Cut and Jobs Act of 2017, Congress restricted Code Section 1031 Exchanges to only real property — a term th...


Military Law, Law Practice

Mentors in Veterans Treatment Courts

Jul. 8, 2020
By Eileen C. Moore

For nine years, I ran over to the local Veterans Treatment Court, VTC, on Tuesday afternoons to act as a mentor, primarily to ...



Labor/Employment

California cities have, in the past few months, accelerated a trend that has been developing for a few years: they are passing...


On June 22, the White House issued a new presidential proclamation to suspend the entry of new H-1B, L-1, certain J-1 and othe...



Appellate Practice

Normal is not

Jul. 7, 2020
By Benjamin G. Shatz

From its inception this column has drawn inspiration from the Oliver Wendell Holmes quote, “The young man knows the rules but ...


Immigration, Government, Constitutional Law

Cases will test who can enforce Congress’ appropriations powers

Jul. 7, 2020
By Douglas A. Winthrop, Irvin Nathan

More than a year and a half ago, President Donald Trump, unwilling to accept Congress' repeated explicit refusals to fund a wa...



Judges and Judiciary

Pandemic pandemonium, part I

Jul. 7, 2020
By Arthur Gilbert

It’s all different. More so than any of us can remember. Lesson we all know, but many have stored in the back of a mental clos...


Books

Lessons not learned

Jul. 6, 2020
By William Domnarski

Turow in winter, or at least thinking about winter, that crawling towards death, as Lear puts it. That would be Scott Turow, t...



Appellate Practice

Read your oral argument???

Jul. 6, 2020
By Myron Moskovitz

Reading is just about the worst way to present an oral argument — and presenting oral arguments remotely doesn’t change that.


Civil Litigation, California Supreme Court

Ruling on enforcement of the UCL is a victory for Californians

Jul. 6, 2020
By Valerie T. McGinty, Saveena Takhar

On June 25, the California Supreme Court issued a unanimous opinion allowing a district attorney to seek recovery for violatio...



Government, Criminal

Collaboration is essential in these times

Jul. 6, 2020
By G. Christopher Gardner

Public defender offices are proud of the essential role we play in the justice system. We are grateful for the daily opportuni...


Education Law, Criminal, California Supreme Court

In 2003, the California Supreme Court held that all security personnel — including school security, school police, school reso...



Intellectual Property, Government, Data Privacy

Deepfakes: dangers and developments

Jul. 2, 2020
By Stan Gibson, Jessica Newman

To combat the risk posed by deepfakes, California enacted two new laws, which went into effect at the beginning of 2020.


Two bills currently before the California Legislature are seemingly moving quite easily through the Assembly and Senate but ar...



Government, Criminal

On June 24, the U.S. Court of Appeals for the D.C. Circuit (20-5143) granted Michael Flynn an emergency writ of mandamus to di...


U.S. Supreme Court, Labor/Employment, Civil Rights

In his majority opinion in Bostock v. Clayton County, Justice Gorsuch provided a helpful explanation of intent in employment d...



Alternative Dispute Resolution

Mediating bare foot

Jul. 2, 2020
By Jan Frankel Schau

Jacob Bronowski, British Mathematician and historian said: “It is important that students bring a certain ragamuffin, barefoot...


Labor/Employment, California Courts of Appeal

Growing court consensus on businesses websites and ADA

Jul. 2, 2020
By Kristina M. Launey

A Court of Appeal ruling recently added to the growing number of California state and federal courts holding that the websites...