Earlier this week President Donald Trump called to abolish birthright citizenship, which few reputable scholars believe would ...
Criminal, Civil Rights
The intersection of LGBTQ domestic violence and criminal defense
By Mieko Failey, Christopher Hawthorne
At first glance, criminal defense and survivor rights lawyering may seem at odds, but in reality many similarities exist betwe...
U.S. Supreme Court, Native Americans
Supreme Court to weigh a state’s stake in tribal hunting
By Tim Evans
How the 1868 tribal treaty case Herrera v. Wyoming currently before the U.S. Supreme Court may preempt current-day state regul...
My sit-down with “Gil” Jones began at 9:15 one recent morning at a corner table at the downtown Jonathan Club. It was already ...
Civil Litigation, Law Practice, Criminal
Instructing the jury on the use of common sense
By Steven S. Kimball
Jurors in California and across the nation are routinely called upon to exercise their common sense in deliberations.
Immigration, Government, Constitutional Law
Proposal to end birthright citizenship not likely to get far
By Gabriel J. Chin
President Donald Trump recently announced plans to eliminate citizenship by birth faces profound legal hurdles.
Civil Litigation, Intellectual Property, Entertainment & Sports
How will the Music Modernization Act affect music-related litigation?
By Rollin A. Ransom
Among other things, the MMA will affect music-related litigation, both directly and indirectly.
U.S. Supreme Court, Criminal, 9th U.S. Circuit Court of Appeals
High court should hear child rape case
By William Douglas Kari
Already the 9th Circuit’s illogical reasoning has resulted in mistrial of a case involving a defendant who allegedly molested ...
In most cases, a property owner’s view is not protected and, accordingly, buyers unwittingly pay a hefty surcharge for somethi...
Civil Litigation, Letters
Assertion that PG&E discussed $8B settlement is entirely false
By Michael A. Kelly, Frank M. Pitre, Bill Robins III
On Wednesday, the Daily Journal reported on a “split” among plaintiff lawyers over a “proposed PG&E fire settlement.”
Law Practice, Judges and Judiciary
Happy 60th birthday to Stanley Mosk Courthouse
By Michael L. Stern
When the doors of this fifth principal courthouse opened six decades ago, it was heralded as the "Dream Courthouse" and the "C...
Ruling displays struggle to find homelessness solutions
By Scott E. Huber
The 9th Circuit recently issued an opinion that gives clarity to public agencies which wish to enact regulations related to si...
Tax, Civil Litigation
Monsanto weed killer verdict highlights unfair tax rules, again
By Robert W. Wood
Up until the end of 2017, you could claim a tax deduction for your legal fees. In 2018 and thereafter, there is often no deduc...
Entertainment & Sports, Administrative/Regulatory
Sports Betting in a Post-PASPA World
By Tai Hsia, Jake Williams
The U.S. Supreme Court recently opened the door to legalized sports betting, but its future regulatory framework remains a wil...
Civil Litigation, Constitutional Law, California Courts of Appeal
Strange things are afoot in this takings decision
By Michael M. Berger
Why strange? First of all,the property owners won. In itself, that is noteworthy. The second strangeness is that, notwithstand...
Civil Litigation, Intellectual Property
The Law of Unintended Consequences at Federal Circuit
By Esha Bandyopadhyay
The unintended consequences of the law are familiar to learned attorneys. This is not the product of anyone’s fault, but an in...
U.S. Supreme Court, Government, Constitutional Law, Books
How voter suppression is destroying our democracy
By Marc D. Alexander
This is a puzzle addressed by Carol Anderson, in her new and hard-hitting book. Not surprisingly, much of the story of voter s...
The objective of this article and self-study test is to familiarize readers on impeachment of witnesses’ credibility with prio...
Part II: The Art of War
U.S. Supreme Court, Constitutional Law, Civil Rights, Books
The right to an education in America
By Richard Wirick
Key Supreme Court decisions involving students’ constitutional rights are thoroughly but briskly covered in Justin Driver’s “T...
Environmental & Energy, Administrative/Regulatory
Agencies propose reforms to Endangered Species Act regulations
By Samuel Edward Bivins
These incremental reforms have the potential to make ESA compliance incrementally more efficient and effective for both federa...
Civil Litigation, Education Law, Constitutional Law, California Courts of Appeal
Trilogy of cases leads the way on due process for students
By David Urban
California appellate courts have taken a leading role in developing a body of law for public and private colleges and universi...
Law Practice, State Bar & Bar Associations
Mandatory malpractice insurance in the works?
By Kenneth C. Feldman
The State Bar formed a working group to study mandatory malpractice insurance earlier this year, but not many attorneys know w...
U.S. Supreme Court, Criminal, Constitutional Law
High court has chance to weigh ‘separate sovereign’ doctrine
By John H. Minan
For more than 150 years, the Supreme Court has recognized a “separate sovereign exception” to double jeopardy. Justices Ginsbu...
Civil Litigation, Labor/Employment
Perseverance pays off for employer in class action litigation
By Christopher M. Ahearn
A federal court in Los Angeles just proved that, even after many years of difficult, protracted litigation, and despite severa...
Civil Litigation, Insurance
Court says insurer can’t dodge coverage through ‘technical escape hatch’
By Robert J. McKennon
A recent Court of Appeal opinion said the notice-prejudice rule precluded the denial of life insurance benefits based upon the...
Bankruptcy
Avoiding fraudulent transfers by debtors in bankruptcy cases
By Stuart B. Rodgers
In a bankruptcy context, trustees, debtors in possession, and even creditors, may have the ability to pursue recipients of tra...
Monsanto's high-stakes glyphosate battle is just beginning
By David I. Levine
In the next few weeks, Dewayne Johnson’s lawyers will have to decide whether to accept the judge’s $210 million reduction of t...
State Bar & Bar Associations
State Bar must ensure minorities are not disciplined at a higher rate
By Daniel Everett
Over the years, the State Bar of California has been tasked with ensuring that it does not use its authority disproportionatel...
A Native American treaty rights case up for U.S. Supreme Court review centers on whether an 1855 treaty protects a tribal memb...