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The court's lack of understanding of ADR (alternative dispute resolution), currently known as CDR (consensual dispute resoluti...


Law Practice

Too long, didn't read

Oct. 6, 2012
By Timothy A. Tosta

When I am advising on a complex issue, I am wary of giving the "two-sentence answer" that is more often being asked of me.



Civil Litigation, Ethics/Professional Responsibility

There are instances when we already have the "golden goose" in our hands, and it remains only for us to lose it.


Judges and Judiciary

Saving the soul of public justice

Oct. 4, 2012
By Michael L. Stern

California's civil justice system is closer to gridlock than many realize. By Michael L. Stern of the Los Angeles County Super...



Letters, Criminal, Constitutional Law

Misleading attack on death penalty proposition

Oct. 3, 2012
By Stephen F. Rohde

A recent op-ed attacking Proposition 34, a measure to end the death penalty, among other things, does a disservice to voters.


Civil Litigation

Jurisdiction and the Internet

Oct. 2, 2012
By Douglas K. deVries

The doctrine of "minimum contacts" takes on a new dimension when applied to a defendant who does business only over the Intern...



Law Office Management

Blockbuster Cases Ahead for SCOTUS

Oct. 2, 2012
By Erwin Chemerinsky

Cases on the U.S. Supreme Court's upcoming docket look to be as significant as those on last term's. ...


Judges and Judiciary

Not to confuse terror with error

Oct. 2, 2012
By Arthur Gilbert

Contained within today's column is a solecism. Can you find it? ...



Alternative Dispute Resolution

Sometimes the defendant simply doesn't have any more money, and the mediation becomes about an "economic based settlement."


Law Practice, Judges and Judiciary

Counsel must inevitably acknowledge the reality of changing times and conditions and consider modification of typical litigati...



Health Care & Hospital Law

Health care safety and the culture of silence

Sep. 28, 2012
By Bruce G. Fagel

From their earliest days in training, both doctors and nurses are taught to not discuss or even question medical mistakes that...


Letters, Government, Criminal, Constitutional Law

Death penalty report author responds to accusations

Sep. 26, 2012
By Paula M. Mitchell

It is wrong to ascribe a nefarious purpose to the timing of the publication of the law review article on the costs of the stat...



Judges and Judiciary, Government

An Obama victory this November with Clinton winning in 2016 could mean that by 2021 more than 50 percent of the active distric...


Constitutional Law

Long story short, the 9th Circuit is not always opposed to private property rights. It evidently depends on whose property and...



Criminal, Constitutional Law

Crawford update: Part Two

Sep. 25, 2012
By Elia V. Pirozzi

Earn MCLE credit polishing your knowledge of evidence rules regarding the Sixth Amendment's right to confrontation as applied ...


Law Practice, Books, Alternative Dispute Resolution

Admit it: You’re in denial

Sep. 22, 2012
By Robert S. Mann

An awareness of the existence and impact of denial on the part of lawyers and their clients is critical to successful resoluti...



Labor/Employment

General counsel’s highest concern? Cybersecurity

Sep. 22, 2012
By Justine M. Phillips

A recent survey and found "data security" to be the highest concern to general counsel and corporate directors, even above ope...


International Law, Government

The council could order its member states to, at least temporarily, bar global access to this video. ...



California Supreme Court

State high court to hear class sampling case

Sep. 20, 2012
By George S. Howard Jr.

The court will decide whether statistical evidence can establish liability or damages when the employer has substantial eviden...


Constitutional Law

Constitution protects the homeless too

Sep. 19, 2012
By Erwin Chemerinsky

The 9th Circuit upheld a preliminary injunction preventing the city of LA from seizing property on Skid Row absent an objectiv...



Government, Criminal, Constitutional Law

There are many good reasons to retain the death penalty as a sentencing option in California for the worst of the worst.


For-profit schools preying on low-income communities

Sep. 18, 2012
By Brian S. Kabateck , Lina B. Melidonian

Some of these schools are employing the same predatory practices that led to defaults and record high foreclosure rates during...



Law Practice, Corporate

Cleaning up in-house

Sep. 17, 2012
By John Throckmorton

Corporate counsel -- and the businesses they represent -- run certain risks if they fail to investigate the credentials of the...


Government

The business community shares the strong objections to court budget cuts that have been raised across the spectrum. By Kim Sto...



Judges and Judiciary

Temporary judges: critical asset during budget crisis

Sep. 13, 2012
By Ralph Barat Saltsman , Stephen Warren Solomon

Did you know the number of calendars handled by temporary judges equates to the full time annual employment of 16 superior cou...


Judges and Judiciary

A time to improvise

Sep. 11, 2012
By Arthur Gilbert

Successful litigators and musicians know there is a time to think, a time to let one's natural talent lead the way, and a time...



Constitutional Law

Stolen valor and prosecutorial discretion

Sep. 11, 2012
By Brian M. Hoffstadt

If the analysis of the constitutionality of a law is affected by the prosecutor's choice of whom to prosecute, does this influ...


Criminal

Lois Goodman: safe or out?

Sep. 8, 2012
By Louis J. Shapiro

Respected tennis referee Lois Goodman is charged with murdering her husband of 50 years with a coffee mug. ...



Civil Litigation, Ethics/Professional Responsibility

Under the new ABA Model Rules of Professional Conduct lawyers are required to make sure that they are current regarding "more ...


Civil Litigation, Letters, Intellectual Property

Apple v. Samsung result a no brainer

Sep. 6, 2012
By Stanley K. Jacobs

A number of articles have been written attempting to explain why Apple won and Samsung lost the trial. It's so simple.