The University of Arizona shouldn't be punished for experimenting with an alternative to the Law School Admissions Test. By Th...
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
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?
By Lawrence Waddington
The governor, attorney general and the state Legislature need to limit 9th Circuit interference in the outcomes of California ...
Labor/Employment
Harris v. City of Santa Monica is bad for California workers
By Thomas L. Dorogi
By increasing the requisite degree of proof required of plaintiffs, the California Supreme Court gave an advantage to employer...
Government
San Francisco is leading the way in environmentally conscious bonds
By Stephen A. Spitz
A "green bonds" designation can highlight to a municipal issuer's stakeholders that infrastructure work which needs to be done...
What some are calling a "lull" may be a signal that technology companies are expanding their patent arsenals with better quali...
Criminal
Legislature: don't eliminate the statute of limitations for rape
By Garrick Byers
When a statute of limitations is eliminated, justice evaporates for both the innocent and the victim. By Garrick Byers ...
Perspective
California faces fiscal ruin from unsustainable government pension programs
By Chuck Reed
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
Is the traditional approach to law school the most effective?
By Daniel Schwarcz
Law schools should systematically provide first-year law students with individualized feedback in at least one "core" doctrina...
Navigating new crowdfunding laws will be challenging for investors and companies, and each must decide if this new financing v...
SB 1253, which reduces nonviolent offenders' sentences, seems to allow the governor to dominate the lawmaking process and redu...
The Obama administration has released several policy changes recently that could aid persons returning to communities after a ...
The Judicial Council seeks comment on whether state court e-filers should have until close of business day, or midnight, to fi...
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
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...
The most common sin of litigators is overextending themselves — making unnecessary assertions or committing to untenable posit...
Appellate Practice
Appellate oral arguments should stress justice, not case law
By Myron Moskovitz
The best appellate oral argument themes are short, powerful ideas that sum up the justice of the cause and hit the judges in t...
Perspective
Safety for All Act: This November, Californians will have the opportunity to stand up for smart gun laws
By Ari Freilich
The Safety for All Act is a common-sense reform that stands for the declaration that human life and freedom from fear of wonto...
Constitutional Law
Safety for All Act: California voters should reject Newsom's gun control initiative
By C.D. Michel
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
By Richard Gottlieb
On May 5, the federal Consumer Financial Protection Bureau proposed rules that will, if adopted, provide a decisive blow to co...
Constitutional Law
This November, Californians will have the opportunity to stand up for smart gun laws.
By Ari Freilich
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
Class arbitration certification: for the court or the arbitrator to decide?
By Deborah Crandall Saxe
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
The cost of failing to preserve the record in family court
By Claudia Ribet
Appellate lawyers often say "if it is not the record, it didn't happen." The takeaway: make an adequate record. ...
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
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?
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...
Although fighting venue may be a good option in some patent infringement cases, embracing the venue and leveraging its advanta...