State Bar & Bar Associations, Legal Education
Plans for the bar exam fail to stand up to close scrutiny
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
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...
The California Supreme Court should adopt an emergency diploma privilege. It is the equitable, fair, and compassionate solutio...
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
California labor laws and employees who work both in and out of state
By David E. Mastagni
The California Supreme Court recently answered questions of how California labor laws apply to employees who perform work insi...
Immigration
Stand with survivors to save asylum from proposed regulations
By Morgan Weibel
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?
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
California’s decision to shut down indoor dining rooms Is based on misleading evidence
By Scott J. Street
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
Supreme Court denies review of Federal Circuit holding that inter partes review does not violate takings clause
By Charan Brahma, Craig Crockett
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
US Supreme Court returns to issue of double standards in delegating gateway issues of arbitrability
By Steven B. Katz
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
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
A plea to the California Supreme Court for diploma privilege
By Anna M. Han
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...
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
More and more California cities are adopting ‘right-to-recall’ laws
By Bruce J. Sarchet
California cities have, in the past few months, accelerated a trend that has been developing for a few years: they are passing...
Labor/Employment, Immigration
Presidential proclamation suspending entry to visa workers presents risks to US employers following COVID-19 restrictions
By Elona Dunehew, Davy Day
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...
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
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...
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...
Turow in winter, or at least thinking about winter, that crawling towards death, as Lear puts it. That would be Scott Turow, t...
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
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
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
Time for California to redefine the role of cops on campus
By Robert Ross Dekoven
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
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.
California homeowners insurance bills face legislative fire fight
By Norris Clark
Two bills currently before the California Legislature are seemingly moving quite easily through the Assembly and Senate but ar...
Government, Criminal
En banc hearing before full DC Circuit in Flynn case is warranted
By John H. Minan
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
The Juxtaposition Turn: disparate treatment and disparate intent
By Tristin Green
In his majority opinion in Bostock v. Clayton County, Justice Gorsuch provided a helpful explanation of intent in employment d...
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
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...