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?
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...
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
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...
I checked the 2012 Court Statistics Report. In fiscal year 1993 our Supreme Court depublished 109 cases. God knows what percen...
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
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...
Sometimes a media narrative takes off like a bullet train flattening anything in its path, even the truth. Such is the case wi...
Intellectual Property
For reuse of photographs, copyright gives more protection to appropriation art than news reporting
By Andrew J. Thomas
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
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
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
New video game case may signal dangerous trend in the law
By Dan D. Nabel
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
Justices still considering whether to take up establishment case
By Charles S. Doskow
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
Beginning of the end for the copyright troll business?
By Ryan P. Murray
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
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
Night of the Living Dead, Inc.: indefinite corporate existence and the attorney-client privilege
By Julian Y. Waldo , Amy L. Bomse
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
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
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...
I urge you to assess your work life from a perspective of appreciation. ...
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
California employers will suffer when ACA takes full effect
By James P. Gray
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
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
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
9th Circuit judges call for an end to anti-SLAPP in federal court
By Alana H. Rotter
Two 9th Circuit judges recently called for their colleagues to consider en banc whether federal courts should permit state-law...
Military Law, Government, Criminal
Will President Obama ignore bi-partison torture report?
By Stephen F. Rohde
In April, a bi-partisan panel unanimously concluded that American intelligence and military personnel used interrogation techn...
Law Practice, Criminal
San Francisco criminal conflicts panel lacks diversity
By Daniel Everett
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
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...
Insurance
In California, narrow scope of policy exclusions, limitations
By Kirk A. Pasich
California courts long have recognized the respective burdens between and insurer and an insured. However, the burdens on the ...
This column speaks, among other things, about matters of bodily functions. Reader discretion is advised. ...
Securities, Corporate
SEC says Facebook, Twitter disclosures capable of complying with Regulation FD
By Nora Gibson , Todd Hamblet
The intersection of social media and Regulation FD has received a lot of attention, particularly following the announcement of...