U.S. Supreme Court, Health Care & Hospital Law, Constitutional Law, Civil Rights
NIFLA v Becerra: folly, fallout and follow-up
By Sanford Jay Rosen, Devin W. Mauney
The Supreme Court's decision in the case was bad for women's right to choose, but Justice Kennedy's retirement may be worse.
U.S. Supreme Court, Constitutional Law
Religious rulings under the new Gorsuch-Roberts court
By Thomas M. Hall
I could not help thinking of Thomas Cromwell as I read the religion cases that have marked the Roberts Supreme Court.
Transportation, Administrative/Regulatory
How to handle FAA enforcement matters, part 2
By John T. Van Geffen
So there has been a mishap, now what?
This column marks the 30th anniversary I have been grinding out, I mean writing, columns for the Daily Journal.
U.S. Supreme Court, Government, Constitutional Law
Gerrymandering, the high court and the way(s) forward
By Justin Levitt
With the coming national holiday of self-determination, and national elections beyond, it is a welcome moment to consider demo...
Back in the 1980s the California Supreme Court was depublishing a large number of Court of Appeal opinions. It prompted an art...
Civil Litigation, Law Practice, Appellate Practice
Appellate Adventures, Chapter Five: "Which Facts?"
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato
U.S. Supreme Court, Constitutional Law, Administrative/Regulatory
Debugging Chevron deference
By David DeGroot
In one of his final opinions before announcing his retirement, Justice Anthony Kennedy called on the U.S. Supreme Court to re...
Civil Litigation, Labor/Employment, California Supreme Court
Who’s an employee? The impact of Dynamex
By Dariush Adli
Earn MCLE credit reviewing the decision, as well as its potential impact on employees and employers, including the likely effe...
U.S. Supreme Court, Immigration
Ruling bolsters noncitizens’ ability to apply for cancellation of removal
By Giselle Sotelo, Carl Shusterman
A little known decision from the U.S. Supreme Court this month will have a very big impact on immigrants facing deportation.
Real Estate/Development, Immigration, Government
Law protects immigrants from unlawful landlord conduct
By Gary W. Rhoades
For several years, a Los Angeles landlord tried to force his tenant in a Boyle Heights rent-stabilized apartment to pay an ill...
U.S. Supreme Court, Judges and Judiciary, Constitutional Law
Kennedy: A most strident moderate
By Ashutosh Bhagwat
Whatever one may think of Justice Anthony Kennedy's jurisprudence as a whole, there is no doubt that he possessed extremely st...
Immigration, Government
Government mustn't forget about homeless Americans
By Gideon Kanner
A June 23 headline in the New York Times says it all: “Young Children Taken from Their Parents: It Doesn’t Just Happen to Immi...
Government, Environmental & Energy
California lawmakers consider grid reliability fixes
By Brian J. Nese, Sarah E. Kozal
This season the California Legislature is considering several bills that tackle issues related to increased variable energy re...
Civil Litigation, International Law, Corporate, California Courts of Appeal
Can a California court invalidate agreements on international service of process?
By Neil A.F. Popovic
A Court of Appeal held that parties may not contract around the formal service requirements of the Hague Service Convention.
U.S. Supreme Court, Constitutional Law, Civil Rights, 9th U.S. Circuit Court of Appeals
After NIFLA, we need a principle for disclosure laws
By Erwin Chemerinsky
The Supreme Court now will need to figure out a principle for which disclosure laws are unconstitutional compelled speech and ...
U.S. Supreme Court, Civil Litigation, Labor/Employment
Mindful of Janus, California has fought to protect public unions
By Arthur A. Hartinger
In an effort to mitigate against the financial impact of stopping mandatory service fees, labor has promoted, and the Califor...
U.S. Supreme Court, Civil Litigation
American Pipe ruling does not apply to successive class claims
By John P. Stigi III, John M. Landry
The Supreme Court’s decision in China Agritech offers key insights on the competition arising from multiple class-action filin...
How defense attorneys can combat the zero-tolerance policy
By David S. McLane
Attorney General Jeff Sessions directed “each United States Attorney’s office along the Southwest Border ... to adopt immediat...
Civil Litigation, Constitutional Law
Takings case is a carnival of constitutional errors
By Michael M. Berger
Now and then you come across a case where the underlying facts are so ludicrous you wonder what possessed the defendant to pre...
U.S. Supreme Court, International Law, Immigration, Government
High court travel ban ruling will have broad impact
By Gabriel J. Chin
On Tuesday, the U.S. Supreme Court upheld the Trump administration's travel ban in a now familiar 5-4 alignment.
U.S. Supreme Court, Civil Litigation, Antitrust & Trade Reg.
It takes two to swipe an AMEX
By Jeremy K. Robinson
On Monday, the U.S. Supreme Court reaffirmed both the critical importance — and difficulty — of defining the product market in...
These include (1) a bill intended to limit the use of deadly force by police, (2) a bill requiring online access to local poli...
Administrative/Regulatory
Problems with the California Consumer Privacy Act
By Corbin K. Barthold
The act would penalize a company for suffering a preventable data breach; entitle a consumer to learn what data a company has ...
Civil Litigation, Labor/Employment, California Courts of Appeal
Opinion sets proper boundaries for vicarious liability
By Alexander M. Brand
A Court of Appeal recently reversed an approximate $14 million judgment, concluding that the county was not vicariously liable...
Civil Litigation, Labor/Employment, California Supreme Court, Alternative Dispute Resolution
County can hire independent contractors who don't meet Dynamex test
By Michael H. Leb
The California Supreme Court's recent decision immediately made "Chicken Little" headlines, but I think it's important to high...
Civil Litigation, Law Practice, Criminal
Nonconsensual pornography: Challenges for victims and stakeholders
By Christina Gagnier
Victims and advocates must overcome societal stigma and make do with a patchwork of state laws.
Insurance
Wildfire threats keep consumers from finding insurance
By Brian S. Kabateck, Christopher B. Noyes
The season for wildfires is already here and insurance companies are running for the hills, telling homeowners they no longer ...
Transportation, Administrative/Regulatory
Handling Federal Aviation Administration enforcement matters
By John T. Van Geffen
Today’s impressive aviation safety record did not happen overnight or by itself.
Law Practice, Insurance, Ethics/Professional Responsibility
Don’t lose your malpractice coverage over reporting mishaps
By Shari L. Klevens, Alanna G. Clair
Whether an attorney has insurance coverage for a legal malpractice claim can turn on the attorney’s own knowledge and conduct ...