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Government, Criminal

A smarter bail system

Aug. 2, 2017
By Margaret L. Carter, Daniel R. Suvor

Across the United States, millions of people have been incarcerated while awaiting a court date simply because they cannot com...


Letters, Government, Criminal

Distortions about prosecutorial misconduct

Aug. 2, 2017
By Marc Debbaudt

Defense attorney Michael Ogul recently wrote an opinion piece titled “A clearer prosecutor rule would benefit all.” Here’s my ...


Securities, Mergers & Acquisitions, Corporate

Looming specter: post-closing fraud claims

Aug. 1, 2017
By Eva Davis, James P. Smith

So-called “reliance disclaimers” and “fraud carve-outs” in private company purchase agreements — designed, respectively, to pr...


Government, Corporate, Administrative/Regulatory

Bill will ease joint employer rules

Aug. 1, 2017
By Michael J. Lotito, Missy Parry

On July 27, House Republicans unveiled a bill, the Save Local Business Act (H.R. 3441), that would amend two labor and employm...


Government, Constitutional Law

Newspapers, television and social media have been forums for recent commentary on whether President Donald J. Trump could use ...


Transportation

The truth about lithium

Aug. 1, 2017
By Jonathan A. Michaels

Lithium — the natural resource mined from the Earth’s crust — is perhaps the best-known commodity that people know the least a...


Government, Criminal, Administrative/Regulatory

Five plaintiffs that use medical cannabis to treat their ailments, recently filed suit to remove marijuana from its Schedule I...


Constitutional Law

Don’t tread on Trump’s Twitter

Jul. 31, 2017
By Kevin L. Vick

The president of the United States may block you if you do — but is he allowed to do that?


9th U.S. Circuit Court of Appeals

Food labeling cases may finally proceed

Jul. 31, 2017
By Jason D. Russell, Hillary A. Hamilton

A number of “natural” food labeling class actions have been lingering in California federal courts for some time, many waiting...


California Supreme Court

E-filing blues at the California Supreme Court

Jul. 31, 2017
By Thomas M. Hall

I thought, why not try the new e-filing system? Cutting down on paper copies, and not having to pay a filing service to cart a...


Criminal, Constitutional Law, California Supreme Court

A clearer prosecutor rule would benefit all

Jul. 28, 2017
By Michael Ogul

Prosecutors, individuals accused of crimes, and all Californians would be better served by making it clear that a prosecutor’s...


Government, Environmental & Energy

Recently, three California local governments filed lawsuits against 37 major energy companies, seeking damages for the compani...


Constitutional Law, 9th U.S. Circuit Court of Appeals

9th Circuit has chance to vindicate First Amendment

MCLE
Jul. 28, 2017
By Mark Chenoweth

Does it violate the First Amendment for the state of California to force merchants who charge more to customers paying with cr...


Insurance

Groundbreaking cyber insurance decision

Jul. 28, 2017
By Peter S. Selvin

It is believed that this decision is the first which extends the concept of computer “use” or “violation” to the practice of “...


In one recent criminal tax case, a man and woman filing their taxes jointly got three years in prison — each. We’ll come back ...


Criminal, Civil Rights, Books

The human costs of a flawed legal system

Jul. 28, 2017
By Vaughn R. Walker

Former District Judge Vaughn R. Walker reviews Joel Cohen’s new book, “Broken Scales: Reflections on Injustice.”


U.S. Supreme Court, Letters, Constitutional Law

On July 18, a column by Erwin Chemerinsky, “A troubling free exercise decision,” strongly disagreed with the decision by the U...


Government, Administrative/Regulatory

Questions remain about cap-and-trade implementation

Jul. 27, 2017
By Thomas L. Sheehy, Jillian C. Kirn

Last week, the California Legislature approved a 10-year extension of California’s cap-and-trade program. When signed into law...


Government, Administrative/Regulatory

Trump’s NLRB will reverse union unit ruling

Jul. 27, 2017
By Mark S. Ross

President Donald Trump's recent appointments of labor law traditionalists, Marvin E. Kaplan and William J. Emanuel, to the NLR...


U.S. Supreme Court, Letters, Constitutional Law

In each of the past two weeks the Daily Journal has printed Dean Erwin Chemerinsky’s assertion that the U.S. Supreme Court hel...


U.S. Supreme Court, Letters, Constitutional Law

On July 18, a column by Erwin Chemerinsky, “A troubling free exercise decision,” strongly disagreed with the decision by the U...


Construction

Revisiting the owner-builder exemption

Jul. 27, 2017
By Roger C. Haerr

Most real estate professionals are aware of the so-called “owner-builder” exemption to California’s contractors’ license laws....


Health Care & Hospital Law, Government, Administrative/Regulatory

An unhealthy congressional mess

Jul. 27, 2017
By Craig B. Garner

To be sure, a congressional defunding of the ACA could be every bit as dangerous as a president with a smartphone. Outright el...


Health Care & Hospital Law, Government, Administrative/Regulatory

Senators duel over health care

Jul. 27, 2017
By Michael C. Parme

While Senate Majority Leader Mitch McConnell indicated that the Senate would vote on health care legislation on Tuesday, it wa...


U.S. Supreme Court, Constitutional Law

Turning takings law into hash

Jul. 26, 2017
By Michael M. Berger

Instead of clarity, at the end of its last term the Supreme Court gave us more vague issues that will engender years of litiga...


Government, Administrative/Regulatory

Don’t expect e-cigarette regulations anytime soon

Jul. 26, 2017
By Gregory L. Bentley, Matthew Clark

How can such an industry exist without any regulatory control? Enter Big Tobacco.


Corporate, Alternative Dispute Resolution

Can ‘class arbitration’ even be legally mandated?

Jul. 26, 2017
By Ronald W. Novotny, Shawn M. Ogle

The 2nd Circuit stated that the issue was whether the arbitrator had the authority to certify a class which included absent cl...


Labor/Employment, Corporate, California Supreme Court

Employers in the position of having to defend against a PAGA claim will likely be compelled to produce state-wide employee con...


U.S. Supreme Court, Intellectual Property, Government

The three branches need to improve the operation of the system with surgical strikes, best done by the courts for the most par...


Government, California Supreme Court

Leaner bar is good for attorneys and the public

Jul. 25, 2017
By David A. Carrillo, Stephen M. Duvernay

Last week the Assembly and Senate judiciary committees approved amendments to a bill (Senate Bill 36, Jackson) that would make...