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GC Email

Many workers who participate in the gig economy do not meet the legal definition of "employee" because of their contingent sta...


U.S. Supreme Court

7th Circuit Judge Richard Posner recently excoriated the high court chief's management skills in a video interview that went v...


Government

Faithless electors and the Constitution

Dec. 16, 2016
By Michael D. Ramsey

To be sure, the 12th Amendment's text does not require electors to be faithful. But the assumption of its drafters and ratifie...


Civil Litigation, Law Practice, Criminal

Tips for using social media research during voir dire

MCLE
Dec. 16, 2016
By Michelle Sherman

Lawyers looking to research the social media habits of prospective or empaneled jurors should take to heart the childhood adag...


Letters, Constitutional Law

Supreme Court can't just invent new rights

Dec. 15, 2016
By Richard A. Nixon

A recent guest column suggested that President-elect Donald Trump is going to take our First Amendment freedoms from us. That ...


Securities

Clues as to Trump's priorities

Dec. 15, 2016
By Jeff Steiner

It remains difficult to tell what aspects of Trump's agenda are driving investors and business leaders. By Jeff Steiner and Se...


Law Practice

Despite all we do to support our students, like any law school, some of our graduates will not pass the bar on the first try. ...


Law Practice, State Bar & Bar Associations

One might expect bar passage improvements in light of the fact that many law schools are expanding the academic support and se...


State Bar & Bar Associations

The issue of whether there are too many lawyers is a fair one to ask, but it is not the California Bar's job to control that s...


State Bar & Bar Associations

It just cannot be that a single exam is the answer when it adds astronomically to the costs of legal education and erects a ba...


Law Practice, State Bar & Bar Associations

Does the bar even measure the right skills?

Dec. 15, 2016
By Erwin Chemerinsky

An even more important question than why the results were so low this year is whether the bar exam is even measuring the skill...


Law Practice

Time to adopt the Uniform Bar Exam

Dec. 15, 2016
By Stephen C. Ferruolo

It is time for California to end the carnage and waste by adopting the Uniform Bar Exam and setting a pass score that is not p...


State Bar & Bar Associations

California grads are not less qualified

Dec. 15, 2016
By Jennifer L. Mnookin

In fact, on the multi-state portion of the exam, California test takers - even including the roughly 7 percent of exam-takers ...


U.S. Supreme Court, Government, Constitutional Law

Let the democratic process work

Dec. 15, 2016
By Erwin Chemerinsky

The national political process may be dramatically changed by a recent decision of a three-judge federal court in Wisconsin th...


California Courts of Appeal

More litigation over Right to Repair Act

Dec. 14, 2016
By Mark S. Roth

The 3rd District Court of Appeal recently issued a writ of mandate ordering a stay of pending litigation until plaintiffs sati...


GC Email

'Tis the season of giving, but not for contractors

Dec. 14, 2016
By Garret D. Murai

But if you're a contractor bidding on a public works project, those gifts may seem less altruistic, and more like bribery. By ...


Environmental & Energy, Administrative/Regulatory, 9th U.S. Circuit Court of Appeals

Rulings impact sustainable food movement

Dec. 14, 2016
By Sylvia Wu

Earlier last month, the 9th Circuit issued three opinions that together addressed whether counties in Hawaii are preempted fro...


Corporate

The right stuff: SpaceTech and the law

Dec. 14, 2016
By Olga V. Mack, Katia Bloom

Space technology is taking off, creating novel intellectual property issues and opportunities for science-savvy counsel.


Government

In addition, a federal judge halted the enforcement of new overtime rules that had nonprofits divided, and the IRS issued new ...


U.S. Supreme Court, Intellectual Property

Important patent exhaustion issues at high court

Dec. 14, 2016
By Ben M. Davidson

The Supreme Court agreed to consider whether (1) a patent owner can use patent law to limit how a patented article is used or ...


U.S. Court of Appeals for the 9th Circuit

Justices to weigh religious hospital exemption

Dec. 14, 2016
By Darin D. Ranahan

The U.S. Supreme Court recently agreed to hear a set of cases which center on interpretation of the "church plan" exemption fr...


Government, Administrative/Regulatory

Will CFPB director's work be nullified?

Dec. 14, 2016
By Mark Chenoweth

A large portion of Richard Cordray's work as Consumer Financial Protection Bureau director could soon be scrapped because of ...


Changes to Rule 41 of Federal Rules of Criminal Procedure went into effect on Dec. 1, making it easier than ever for law enfor...


Judicial Profile

John McGregor

Dec. 14, 2016
By Arin Mikailian

Santa Barbara County Judge John McGregor has enjoyed his long journey through court system.


In "Trump and my affection for the legal profession," (November 23), Professor Reuel Schiller blames a "broken system" because...


Immigration

Immigration status: off limits come January

Dec. 13, 2016
By Chris Micheli

In August, Gov. Jerry Brown approved Assembly Bill 2159 by Assemblywoman Lorena Gonzalez, D-San Diego, which limits the use of...


California Supreme Court

Earlier this month, the California Supreme Court issued a unanimous decision in a pair of cases that raised the issue of wheth...


This is one of the most blatant areas in which U.S. law is becoming further out of sync with our needs. By Maya Shulman ...


Insurance, California Courts of Appeal

When "arising out of" is used in an insuring clause, there is full agreement among California courts that it should be broadly...


California Courts of Appeal

Another blow to California consumers

Dec. 13, 2016
By Prescott W. Littlefield

A recent opinion would be not too concerning if the arbitration provision at issue were some sort of anomaly, but, as it turns...