Many workers who participate in the gig economy do not meet the legal definition of "employee" because of their contingent sta...
7th Circuit Judge Richard Posner recently excoriated the high court chief's management skills in a video interview that went v...
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
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
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 ...
It remains difficult to tell what aspects of Trump's agenda are driving investors and business leaders. By Jeff Steiner and Se...
Law Practice
The State Bar should help schools reach out to students who failed
By Michael Waterstone
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
Pass rates can't improve if standards are silently being raised
By Kevin R. Johnson
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
It's not the State Bar's responsibility to control lawyer supply
By David L. Faigman
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
Bar exam may actually disserve rather than serve the public interest
By Deanell Reece Tacha
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?
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...
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
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
By Erwin Chemerinsky
The national political process may be dramatically changed by a recent decision of a three-judge federal court in Wisconsin th...
The 3rd District Court of Appeal recently issued a writ of mandate ordering a stay of pending litigation until plaintiffs sati...
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
By Sylvia Wu
Earlier last month, the 9th Circuit issued three opinions that together addressed whether counties in Hawaii are preempted fro...
Space technology is taking off, creating novel intellectual property issues and opportunities for science-savvy counsel.
Government
Charitable giving soars in November and other nonprofit news
By Erin Bradrick
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
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
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?
By Mark Chenoweth
A large portion of Richard Cordray's work as Consumer Financial Protection Bureau director could soon be scrapped because of ...
Expanded government hacking powers need accompanying safeguards
By Jamie Lee Williams
Changes to Rule 41 of Federal Rules of Criminal Procedure went into effect on Dec. 1, making it easier than ever for law enfor...
Santa Barbara County Judge John McGregor has enjoyed his long journey through court system.
Letter to the Editor
In "Trump and my affection for the legal profession," (November 23), Professor Reuel Schiller blames a "broken system" because...
In August, Gov. Jerry Brown approved Assembly Bill 2159 by Assemblywoman Lorena Gonzalez, D-San Diego, which limits the use of...
California Supreme Court
We need more asbestos trust transparency after court ruling
By Kim Stone
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
Court split 'arising out of' insurance policy exclusions
By Dominic Nesbitt
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
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...