This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

    Filter by date
     to 
    Search by Author
    Search by Category
    Search by Headline


Criminal

Parole board is behind on base-term calculations

Oct. 6, 2016
By Sharif E. Jacob

California's parole system offers inmates a critical but underutilized tool to ensure that their sentences are proportionate: ...


Constitutional Law

Proposition 59: the Citizens United initiative

Oct. 6, 2016
By Bruce A. Wessel

This "Legislative Advisory Proposition" on the ballot in November asks us a question: Should our elected officials use their c...


U.S. Supreme Court, Securities, Government, Administrative/Regulatory

Justices to weigh tippee liability

Oct. 6, 2016
By Thomas A. Zaccaro, Nicolas Morgan

After a long hiatus, insider trading will return to the U.S. Supreme Court on Wednesday.


Administrative/Regulatory

In his pursuit of Exxon, Eric Schneiderman must have had to ignore ABA Rule 3.8, designed to prevent prosecutorial abuse. By J...


Labor/Employment

The "required vehicle" exception to the "going and coming" rule has received a fair amount of ink recently, especially in ligh...


U.S. Supreme Court, Labor/Employment, California Supreme Court

The 2nd District Court of Appeal recently held that employees cannot be compelled to arbitrate whether they are "aggrieved" in...


U.S. Supreme Court, Criminal, Corporate

On Tuesday, the U.S. high court will hear arguments in a case that shows how crucial charging decisions can be. ...


U.S. Supreme Court, Constitutional Law

Free speech at the US Supreme Court

Oct. 5, 2016
By Jean-Paul Jassy

For the most part, the high court led by Chief Justice John Roberts has been First Amendment-friendly since 2010 -- if you are...


U.S. Supreme Court, Judges and Judiciary

Case could discourage use of warrants

Oct. 5, 2016
By Anna Benvenutti Hoffmann

If you are jailed for weeks without probable cause that you've committed a crime, have your constitutional rights been violate...


Judges and Judiciary

The next train to Rockaway Beach

Oct. 5, 2016
By Arthur Gilbert

On Labor Day, 41 years ago, Justice Stanley Mosk swore me in as a judge of the Los Angeles Municipal Court. Within a few days ...


Judicial Profile

Douglas Hatchimonji

Oct. 5, 2016
By Arin Mikailian

Orange County Judge Douglas Hatchimonji hopes to guide juvenile offenders to a better life.


Litigation

A recent decision,stemming from a tragedy at Bellarmine University over 10 years ago highlights the potential consequences sch...


Appellate Practice

They got it all wrong!

Oct. 4, 2016
By Myron Moskovitz

Before filing your petition for rehearing to show the Court of Appeal the error of their ways, consider how grim your chances ...


Appellate Practice

Divisa in Partes Tres

Oct. 4, 2016
By David M. Balabanian

Despite its importance, remarkably little is said about the role that trust (or distrust) between lawyers plays in the handlin...


Perspective

Double jeopardy at the US high court

Oct. 4, 2016
By Gabriel J. Chin

On Tuesday, as the U.S. Supreme Court kicks off its new term, the justices will hear oral arguments about tricky question of d...


U.S. Supreme Court, Constitutional Law

The First Monday

Oct. 4, 2016
By James Azadian, David Boyadzhyan

Today marks the 233rd day that the seat of the late Justice Antonin Scalia remains vacant. Famously known as "The First Monday...


Administrative/Regulatory

Paying for assisted suicide

Oct. 4, 2016
By Kevin B. Kroeker

Separate from its hot-button nature, the End of Life Option Act generates significant questions for health insurers and patien...


Judicial Profile

Melissa McCormick

Oct. 2, 2016
By Arin Mikailian

Orange County Judge Melissa McCormick makes sure defendants understand their rights.


Litigation

Fair debt collection: the forgotten statute

Oct. 1, 2016
By Abbas Kazerounian

Congress enacted the Fair Debt Collection Practices Act (FDCPA) in 1977 to protect consumers from abusive and harassing debt c...


Litigation

Brown signs arbitration bills, vetoes one

Oct. 1, 2016
By Chris Micheli

This week the governor acted on the four arbitration bills sent to him by the Legislature. Earlier this year, the Assembly def...


Perspective

In the 4-3 decision, the California Supreme Court expanded specific jurisdiction. By Michael M. Walsh ...


Immigration

The H-1B program should provide immigrant technical workers to employers who need their services in a fair, nonexploitive mann...


Perspective

Will 'AIAs' be used by law firms in the future?

Oct. 1, 2016
By Carol M. Langford

The use of artificially intelligent attorneys brings up a slew of ethical dilemmas, such as: who gets disciplined or sued in t...


Law Practice

Fixing California's approach to pro bono

Oct. 1, 2016
By Phong Wong

With more than a quarter-million members, the State Bar of California is the largest state bar in the country. Unfortunately, ...


Johnny Depp and Amber Heard split not long ago. Now it is Brad Pitt and Angelina Jolie, and with two huge earners, theirs is b...


Administrative/Regulatory

Consider guidance on wearable devices

Sep. 30, 2016
By Mary Ellen Callahan, Emily Bruemmer

This summer, as vacationers were hiking and surfing -- possibly while wearing a fitness tracker -- the Future of Privacy Forum...


Elder Law

Seniors and their families will have more timely resolution of elder abuse claims thanks to Gov. Jerry Brown, who this week si...


Labor/Employment

Jurors imposing liability against employers: a case study

Sep. 30, 2016
By Brian S. Kabateck, Doug Rochen

A recent decision may at first blush call into question the application of the "required vehicle exception."


Perspective

Court revives ineligible software patents

Sep. 30, 2016
By Yar R. Chaikovsky

A recent decision is the third this year in which the Federal Circuit overturned a software patent-ineligibility holding, afte...


Letters, Constitutional Law

2 wrongs also don't make a right

Sep. 30, 2016
By Richard A. Nixon

On Sept. 19, in an article titled "8 wrongs don't make a right," Dean Erwin Chemerinsky actually admitted that the U.S. Suprem...