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Law Practice

LSAT: essential predictor of law school success?

May 20, 2016
By Thomas F. Guernsey

The University of Arizona shouldn't be punished for experimenting with an alternative to the Law School Admissions Test. By Th...


Administrative/Regulatory

Desert water fight isn't over just yet

May 20, 2016
By Andrew Henderson

If allowed to proceed, the Cadiz water project will supply adequate water to 400,000 Southern California individuals. By Andre...


Ethics/Professional Responsibility

Ethically emerging from the recession

May 20, 2016
By J. Randolph Evans, Shari L. Klevens

New technology, innovation, restructuring and a willingness to consider new solutions to old problems are attorneys' best hope...


Criminal, 9th U.S. Circuit Court of Appeals

Federal habeas relief gone haywire?

May 19, 2016
By Lawrence Waddington

The governor, attorney general and the state Legislature need to limit 9th Circuit interference in the outcomes of California ...


Labor/Employment

By increasing the requisite degree of proof required of plaintiffs, the California Supreme Court gave an advantage to employer...


A "green bonds" designation can highlight to a municipal issuer's stakeholders that infrastructure work which needs to be done...


Perspective

Patent lawsuits are down, but not out

May 19, 2016
By Karineh Khachatourian

What some are calling a "lull" may be a signal that technology companies are expanding their patent arsenals with better quali...


When a statute of limitations is eliminated, justice evaporates for both the innocent and the victim. By Garrick Byers ...


Meaningful pension reform most likely will require an amendment to the California Constitution. By Chuck Reed ...


In the wake of the announcement of new rules regarding permissible exposure levels, lawsuits were filed in federal courts acro...


Perspective

Law schools should systematically provide first-year law students with individualized feedback in at least one "core" doctrina...


Perspective

Securities crowdfunding rules go live

May 18, 2016
By Glenn Luinenburg

Navigating new crowdfunding laws will be challenging for investors and companies, and each must decide if this new financing v...


Perspective

SB 1253, which reduces nonviolent offenders' sentences, seems to allow the governor to dominate the lawmaking process and redu...


Criminal

Working to reintegrate former prisoners

May 18, 2016
By Monique L. Dixon

The Obama administration has released several policy changes recently that could aid persons returning to communities after a ...


Litigation

E-filing is coming to superior courts

May 18, 2016
By Don Willenburg

The Judicial Council seeks comment on whether state court e-filers should have until close of business day, or midnight, to fi...


U.S. Supreme Court

A tug of war between Congress and the courts

May 18, 2016
By Deborah J. La Fetra

Can Congress deem someone injured? The U.S. Supreme Court granted certiorari in Spokeo Inc. v. Robins purportedly to ...


Tax, Government, Constitutional Law

States should be subject to suit in other states

May 18, 2016
By Erwin Chemerinsky

The facts of Franchise Tax Board show that those injured by a state entity should be compensated, and such liability is crucia...


On May 7, an IRS branch chief told an ABA gathering that final regulations relating to these rules could be released within th...


Law Practice

Olé! and Hakkeyoi Nokotta!

May 17, 2016
By David M. Balabanian

The most common sin of litigators is overextending themselves — making unnecessary assertions or committing to untenable posit...


Appellate Practice

The best appellate oral argument themes are short, powerful ideas that sum up the justice of the cause and hit the judges in t...


The Safety for All Act is a common-sense reform that stands for the declaration that human life and freedom from fear of wonto...


Lt. Gov. Gavin Newsom's self-serving gun control initiative is not the way to solve the problem of violent crime in California...


Administrative/Regulatory

Greener pastures ahead for class action bar

May 17, 2016
By Richard Gottlieb

On May 5, the federal Consumer Financial Protection Bureau proposed rules that will, if adopted, provide a decisive blow to co...


The Safety for All Act is a common-sense reform that stands for the declaration that human life and freedom from fear of wonto...


Litigation & Arbitration

The state Supreme Court is poised to decide whether an arbitration agreement permits class arbitration is a question for the a...


Family, California Courts of Appeal

Appellate lawyers often say "if it is not the record, it didn't happen." The takeaway: make an adequate record. ...


Corporate

The art of the minutes

May 14, 2016
By Scott M. Wornow

Properly documenting the board's "business judgment" for both internal and external consumption should increase the probabilit...


Ethics/Professional Responsibility, California Courts of Appeal

Law firm pressed about its press release

May 14, 2016
By Wendy Chang

A recent Court of Appeal decision confirms that the fair report privilege applies to law firm press releases. ...


Environmental & Energy, Administrative/Regulatory

Will San Francisco's private commuter shuttles be shut down?

May 14, 2016
By Kathryn L. Oehlschlager, Arielle O. Harris

A San Francisco judge dismissed a legal challenge to San Francisco's commuter shuttle pilot program, but the fight is not over...


Perspective

Patent venue: make it work for you

May 14, 2016
By Jeremy J. Taylor

Although fighting venue may be a good option in some patent infringement cases, embracing the venue and leveraging its advanta...