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U.S. Supreme Court, Native Americans, Criminal

A prisoner in his own land?

Sep. 27, 2018
By Tim Evans

A Native American prisoner case up for U.S. Supreme Court review could create jurisdictional shifts in eastern Oklahoma -- or ...


Probate, California Supreme Court

Probate court closed to disinherited trust beneficiaries

Sep. 27, 2018
By Denise E. Chambliss, James R. Cummins

In a case of first impression, a California Court of Appeal recently held that only trustees and beneficiaries under a current...


Labor/Employment, Construction

New laws will affect contractors in California

Sep. 27, 2018
By Chris Micheli

Several bills recently signed by Gov. Jerry Brown will affect California contractors.


U.S. Supreme Court, Constitutional Law, Administrative/Regulatory

Judge Brett Kavanaugh and the administrative state

Sep. 26, 2018
By Anne Voigts, Matthew V. Noller

If Kavanaugh is confirmed, his jurisprudence will give enterprising litigants a strong incentive to bring more challenges to a...


U.S. Supreme Court, Criminal, Constitutional Law

Will the court upend the dual sovereign doctrine?

MCLE
Sep. 26, 2018
By Craig E. Countryman

When both federal and state law criminalize the same conduct, the defendant can be independently prosecuted under each. That m...


U.S. Supreme Court, Constitutional Law

Federalism and takings law do not blend

Sep. 26, 2018
By Michael M. Berger

The problem that I have with the concept of federalism is the tendency of some of its fans to enlist it in analyzing regulator...


Civil Litigation, California Supreme Court

A case involving a gruesome injury on Mammoth Mountain gives the state high court a chance to clear up the issue.


On Oct. 3, the U.S. Supreme Court will hear oral argument in a case that could overturn precedent that has long been criticize...


Government, Criminal

Last week, Gov. Jerry Brown signed into law Assembly Bill 2876, which codifies existing case law concerning the warrantless re...


In July of this year, the Internal Revenue Service finalized its partnership audit rules, and this week Gov. Jerry Brown signe...


U.S. Supreme Court, Civil Litigation, Appellate Practice

How strict are appellate deadlines in class actions?

Sep. 25, 2018
By Andrew J. Trask

The 9th Circuit has ruled that the class action appeal deadline can be extended by “equitable factors,” but will its decision ...


U.S. Supreme Court, Constitutional Law

A First Amendment case on the Supreme Court’s docket this term presents a more conservative-leaning U.S. Supreme Court an oppo...


U.S. Supreme Court, Appellate Practice

Briefing in the US Supreme Court post-Kennedy

Sep. 25, 2018
By Ben Feuer, Anna-Rose Mathieson

For more than a decade, Supreme Court advocates with polarizing cases designed their arguments to appeal to one man above all:...


Law Practice, Education Law

In the past generation, students on the whole have displayed a profound change. Time was, the average student indicated that s...


Law Practice, Judges and Judiciary

Walking into the inner sanctum of a judge’s chambers, I immediately felt a sense of awe. Sure it was filled with lots of diplo...


The system can’t continue to squeeze pleas out of defendants who are too poor to bail out, and call it justice. It’s more lik...


U.S. Supreme Court, Letters, Criminal

As a criminal defense attorney, and a retired public defender, I’ve had numerous clients submit to polygraph exams.


Real Estate/Development, Environmental & Energy, Administrative/Regulatory

The affordable housing crisis in California is longstanding and well known. A recent California Court of Appeal decision addre...


Letters, Criminal

When I began reading George K. Rosenstock’s Sept. 21 article, “There is an elephant in the room when it comes to bail reform,”...


U.S. Supreme Court, Civil Litigation, Intellectual Property, 9th U.S. Circuit Court of Appeals

The race to register: Will copyright applicants win or lose?

MCLE
Sep. 24, 2018
By Remi T. Salter, Jessica Bromall Sparkman

Anxious U.S. copyright owners need only wait until next year for a conclusive answer as to whether a plaintiff must have a cer...


A case pending in the U.S. Court of International Trade, which has exclusive jurisdiction over trade-related powers delegated ...


Alternative Dispute Resolution

With the explosion of mediation over the last 20 years, lawyers increasingly are leveraging ADR as their exit strategy or next...


International Law, Government, Criminal

America should support the efforts of the ICC

Sep. 21, 2018
By Terree Bowers

The International Criminal Court is designed to foster accountability to hold individuals responsible for their actions, and t...


Law Practice, Judges and Judiciary

Legislation recently signed by the governor will affect the appointment of a pro tempore court reporter and how courts handle ...


Law Practice

Mistakes happen, don’t make it worse when they do

Sep. 21, 2018
By Shari L. Klevens, Alanna G. Clair

This is even for the most well-prepared or seasoned attorneys. When they do happen, the key is to avoid compounding the error ...


Criminal

Purists who view bail exclusively as a tool to insure a defendant’s presence in court determined by the traditional balancing ...


U.S. Supreme Court, Environmental & Energy

On the first day of its October 2018 term, the U.S. Supreme Court will consider the extent of the government’s ability to desi...


U.S. Supreme Court, Government, Civil Rights, Books

The Supreme Court and the illusion of voter fraud

Sep. 20, 2018
By Richard Wirick

In her new book "One Person, No Vote,"Emory University sociologist Carol Anderson explores voter suppression in America -- and...


U.S. Supreme Court, Judges and Judiciary, Criminal

Let’s not repeat the mistakes of our past

Sep. 20, 2018
By Aashish Y. Desai

The FBI should conduct a proper investigation into Dr. Christine Ford’s recent allegations of attempted rape by Judge Brett Ka...


Tax, Real Estate/Development

While the QOZ program offers a variety of exciting benefits, many have asked how the program differs from the tried and true r...