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Law Practice

Where the truth lies: the Monty Hall problem

Jun. 6, 2013
By Robert L. Bastian Jr.

Among other things, the Monty Hall problem illustrates how, thinking clearly through the rules of a game ahead of time improve...


U.S. Supreme Court, Constitutional Law

Why pray before a town hall meeting?

Jun. 5, 2013
By Charles S. Doskow

The Supreme Court would in all likelihood not grant review unless it intended to reconsider the entire question of religious i...



Insurance

Over the last 20 years, California courts have reached conflicting decisions as to whether an insurer must pay for attorney fe...


Employers shed restrictive social media policies as more states regulate

Jun. 3, 2013
By Brian S. Kabateck , Lina B. Melidonian

With Congress' inability to pass legislation, California and several other states have taken steps to protect employees, inclu...



Law Practice

It did happen

Jun. 3, 2013
By Arthur Gilbert

I checked the 2012 Court Statistics Report. In fiscal year 1993 our Supreme Court depublished 109 cases. God knows what percen...


Criminal

With only about 5 percent of the world's population, the U.S. has a full 25 percent of its prisoners.



Alternative Dispute Resolution

The obsessive-compulsive approach to mediation

May 31, 2013
By Robert S. Mann

A mediation plan, like a plan of action to build an award winning hot rod, has a number of very specific elements and involves...


Law Practice

Law school fights back: enough is enough

May 30, 2013
By William Slomanson

Sometimes a media narrative takes off like a bullet train flattening anything in its path, even the truth. Such is the case wi...



Three cases suggest the transformative use analysis is becoming untethered from the basic purposes of copyright law.


Law Practice, Government, Constitutional Law

New panel decision shows why facts are for juries

May 29, 2013
By Robert L. Bastian Jr.

When a 2-judge majority rules that no person could reasonably conclude that the plaintiff has a case, they are also saying tha...



Criminal

Special procedural issues in sexual assault cases

MCLE
May 27, 2013
By Karla D. Kerlin , Renee F. Korn

The objective of this article is to acquaint readers with common procedural issues in sexual assault cases, including statute ...


Civil Litigation, Intellectual Property

A few days ago, the 3rd U.S. Circuit Court of Appeals published an important opinion that provides new guidance on how real pe...



U.S. Supreme Court, Constitutional Law

Deciding that their gymnasium was not an adequate venue to hold graduation, a high school in Wisconsin chose to move to a more...


Intellectual Property

These companies continue to mount losses as judges scrutinize their practices.



Environmental & Energy, Administrative/Regulatory

Gov. Brown's proposed Prop. 65 reform is a good start

May 21, 2013
By Joshua A. Bloom , Samir J. Abdelnour

Of course, the devil is in the details, and whether and to what extent these general concepts are transformed into actual law ...


Ethics/Professional Responsibility

The attorney-client privilege ends when there is no longer anyone to hold it. But for California corporations, there is no una...



Environmental & Energy, Administrative/Regulatory

Compare pollution burdens across California

May 17, 2013
By Nicki Carlsen , Maureen F. Gorsen

CalEnviroScreen is a first-of-its-kind environmental health information tool. Visually compelling, it is an ambitious attempt ...


U.S. Supreme Court, Civil Litigation, California Supreme Court

The invincibility of arbitration clauses

May 17, 2013
By Brian M. Hoffstadt

Cases before the U.S. and state high courts involve very different analyses, but may ultimately lead to a similar result - rul...



Law Practice

Assessing your work life, part 2

May 16, 2013
By Timothy A. Tosta

I urge you to assess your work life from a perspective of appreciation. ...


U.S. Supreme Court

Litigating against human rights abuses

May 15, 2013
By Erwin Chemerinsky

The Supreme Court has restricted the ability of victim of human rights violations occurring in foreign countries to sue in fed...



Labor/Employment, Health Care & Hospital Law, Government, Administrative/Regulatory

If you want your healthcare to be run like the Department of Motor Vehicles, you are increasingly close to getting your wish.


Entertainment & Sports

Talent agency act survives suit, clarity remains elusive

May 11, 2013
By Neville L. Johnson , Eric W. Mueller

So where does the most recent leave the current regulation of talent agents and personal managers?



Labor/Employment

False advertising lawsuits on the rise, case study shows

May 10, 2013
By James G. Snell , Monica A. Hernandez

Filings increased to 83 false advertising cases filed in 2011, and 138 cases in 2012. The trend appears to be continuing as th...


Civil Litigation, Appellate Practice, 9th U.S. Circuit Court of Appeals

Two 9th Circuit judges recently called for their colleagues to consider en banc whether federal courts should permit state-law...



Military Law, Government, Criminal

In April, a bi-partisan panel unanimously concluded that American intelligence and military personnel used interrogation techn...


Law Practice, Criminal

At my first full panel meeting I gazed across a room filled with over a hundred San Francisco attorneys. I was one of only two...



Government, Constitutional Law

Prop C a step in the right direction

May 7, 2013
By Timothy D. Reuben

Perhaps a "primal scream" is just what we need to encourage a movement towards a genuine fix of our political institutions. By...


California courts long have recognized the respective burdens between and insurer and an insured. However, the burdens on the ...



Judges and Judiciary

NOT AN INTERMISSION

May 7, 2013
By Arthur Gilbert

This column speaks, among other things, about matters of bodily functions. Reader discretion is advised. ...


Securities, Corporate

The intersection of social media and Regulation FD has received a lot of attention, particularly following the announcement of...