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State Bar & Bar Associations, Letters

Experiment participants would only be eligible to receive a grading adjustment if they meet a minimum threshold score in order...


U.S. Supreme Court, Family

The Court concluded that the cash value of a life insurance policy increases a business's fair market value, regardless of its...



Letters, Judges and Judiciary

It's time to end judicial elections in California

Sep. 24, 2024
By William M. Crosby

Judge Eugene H. Hyman rightly points out the expense of holding judicial elections, and the lack of meaningful knowledge rega...


Litigation & Arbitration, Evidence

Despite restrictions on prehearing third-party subpoenas in arbitration under federal and state laws, carefully crafted arbitr...



Proper settlement agreement wording is crucial to avoid tax issues and ensure favorable tax outcomes.


Constitutional Law

The death of the 2nd Amendment: Part I - Heller

Sep. 23, 2024
By Myron Moskovitz

The current conservative majority on the Supreme Court is unlikely to change its stance, but future shifts in the Court's co...



Civil Procedure

The cost-shifting mechanism under California Code of Civil Procedure Section 998 infringes on defendants' constitutional rights.


9th U.S. Circuit Court of Appeals

The U.S. Ninth Circuit Court of Appeals made a significant ruling on gun control laws, affirming and reversing preliminary inj...



Alternative Dispute Resolution

An argument for jury-augmented ADR

Sep. 23, 2024
By Shawn K. Elliott

Juries are meant to resolve civil disputes, but few cases ever reach them today. What if the traditional voice of 'The Peopl...


International Law

Put a stork in it

Sep. 23, 2024
By Xinying Huang

China has ended its overseas adoption program after nearly forty years, marking a significant shift in the country's child p...



Torts/Personal Injury, Construction, California Supreme Court

The lawsuits will test Government Code section 830.6, which provides design immunity to public entities, and the recent Cali...


There has been a significant increase in law firm mergers in 2023 and 2024, with a focus on smaller firms. This trend reflects...



Judges and Judiciary, Ethics/Professional Responsibility

The California Code of Judicial Ethics states that a judicial decision later deemed legally incorrect is not a violation of th...


California Supreme Court, California Courts of Appeal

The California Supreme Court has granted review in a case in which a panel overruled an earlier opinion from the same division...



Litigation & Arbitration

Studies have shown that private equity ownership is linked to higher death rates and adverse health events in nursing homes, a...


Entertainment & Sports

Young athletes often underestimate the need for disability insurance, which can cover career-ending injuries or illnesses, wit...



State Bar & Bar Associations

The State Bar of California is planning to administer its bar exam with an experiment to ensure the new questions work and the...


Torts/Personal Injury, Civil Procedure, Civil Litigation

Recent California rulings now allow childhood sexual assault victims to file claims against public entities, bypassing previou...



Gov. Gavin Newsom's emergency regulations aim to ban food, beverages, and dietary products with any THC or intoxicating cann...


Torts/Personal Injury, Entertainment & Sports

True stories or films based on them are protected by the First Amendment but must inform viewers of any harmful content. Dis...



Intellectual Property, Civil Procedure

The Federal Circuit clarified that in patent infringement suits, the key to constitutional standing is the "right to bring s...


The Founders created the Electoral College to balance interests and prevent undue influence, but elections like those in 200...



Israel's legal system grapples with unprecedented challenges in prosecuting thousands of Hamas suspects following the Oct. 7,...


U.S. Supreme Court, California Supreme Court

Doing the splits

Sep. 17, 2024
By Brian M. Hoffstadt

How a split is created or articulated affects the likelihood of the Supreme Court reviewing the case, with explicitly created...



The recent 9th Circuit case, X Corp. v. Bonta, addresses whether defining a "standard business report" in social medi...


State Bar & Bar Associations

A terrible idea

Sep. 17, 2024
By Erwin Chemerinsky

The California State Bar plans to conduct an experimental bar exam in November 2024, offering up to 40 extra points on the act...



Torts/Personal Injury

In two separate cases, the Court of Appeal ruled that Uber and Lyft do not owe a duty to protect their drivers from violent at...


Tax

Vice President Kamala Harris has proposed a tax on unrealized capital gains for taxpayers with wealth greater than $100 millio...



Land Use, Government, Constitutional Law

Proposition 34: The legal issues behind the political conflict

Sep. 16, 2024
By John S. Caragozian , Nat Stern

Proposition 34 is a California Apartment Association attack on the AIDS Healthcare Foundation, but who can defend its constitu...


Technology, Data Privacy

California's Invasion of Privacy Act has been interpreted by some courts to apply to various internet technologies, including ...