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Immigration, Government

Trump is not above the law

Nov. 2, 2018
By Kevin R. Johnson

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

Nov. 2, 2018
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

How the 1868 tribal treaty case Herrera v. Wyoming currently before the U.S. Supreme Court may preempt current-day state regul...


Law Practice, Criminal

A true dean of the California defense bar

Nov. 2, 2018
By James R. Rosen

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

MCLE
Nov. 2, 2018
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

President Donald Trump recently announced plans to eliminate citizenship by birth faces profound legal hurdles.


Civil Litigation, Intellectual Property, Entertainment & Sports

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

Nov. 1, 2018
By William Douglas Kari

Already the 9th Circuit’s illogical reasoning has resulted in mistrial of a case involving a defendant who allegedly molested ...


Real Estate/Development

No fundamental right to a view

Nov. 1, 2018
By Georgia Z. Schneider

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

Nov. 1, 2018
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

Oct. 31, 2018
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...


The 9th Circuit recently issued an opinion that gives clarity to public agencies which wish to enact regulations related to si...


Tax, Civil Litigation

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

MCLE
Oct. 30, 2018
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

Oct. 30, 2018
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

Oct. 30, 2018
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

Oct. 29, 2018
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...


Criminal

Impeachment of a witness with prior acts

MCLE
Oct. 29, 2018
By Gregory L. Prickett

The objective of this article and self-study test is to familiarize readers on impeachment of witnesses’ credibility with prio...


Civil Litigation, Law Practice

The Art of Litigation

Oct. 29, 2018
By Gary E. Gans

Part II: The Art of War


U.S. Supreme Court, Constitutional Law, Civil Rights, Books

The right to an education in America

Oct. 29, 2018
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

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

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?

Oct. 26, 2018
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

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

Oct. 26, 2018
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

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

MCLE
Oct. 25, 2018
By Stuart B. Rodgers

In a bankruptcy context, trustees, debtors in possession, and even creditors, may have the ability to pursue recipients of tra...


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

Over the years, the State Bar of California has been tasked with ensuring that it does not use its authority disproportionatel...


U.S. Supreme Court, Tax, Native Americans

Freedom to transport tax free

Oct. 25, 2018
By Tim Evans

A Native American treaty rights case up for U.S. Supreme Court review centers on whether an 1855 treaty protects a tribal memb...