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Environmental & Energy, California Supreme Court

CEQA exemptions on trial at high court

Dec. 2, 2014
By Arthur F. Coon

The California Supreme Court is finally poised to hear and decide a landmark California Environmental Quality Act, or CEQA, ca...


Judges and Judiciary

Kruger lacks the necessary experience

Dec. 2, 2014
By Rick Sims

As a retired judge who spent 30 years in the California judiciary, I oppose the appointment of Leondra Kruger to the Californi...


Law Practice

If you need a laptop that is not too heavy, easy to travel with, powerful and a long lasting battery, you might want to look i...


Criminal

Protecting a victim's right to counsel

Nov. 29, 2014
By Antonio R. Sarabia II

California Attorney General Kamala Harris is to be congratulated on her recent reelection. She has been a powerful and effecti...


Intellectual Property, Entertainment & Sports

Stairway to Heaven, or to the jury room?

Nov. 27, 2014
By Corey Field

Every rock 'n' roll fan knows the opening to "Stairway to Heaven," Led Zeppelin's iconic 1971 hit. But another band popular at...


Judges and Judiciary, Criminal, Constitutional Law

Fixing our two tier system of justice

Nov. 27, 2014
By Aram B. James

No indictment, no justice, in the cold blooded killing, of unarmed African-American youth, Michael Brown, by Ferguson, Missour...


Law Practice

To excel as an associate, be a whole person

Nov. 26, 2014
By Charles S. Birenbaum

The best lawyers have a life because they have an understanding of civic activity, community, family and intellectualism - whi...


Backlash may trigger civil forfeiture reform

Nov. 26, 2014
By Brian S. Kabateck

Few legal concepts can unite the nation in disbelief, but civil forfeiture laws turn the American ideal of "innocent until pro...


Letters, Contracts

Although not a perfect solution, consumers harmed by "super-omnibus" indemnity clauses in California can take some solace in t...


U.S. Supreme Court, Criminal, Constitutional Law

When you can rely on anonymous tips

MCLE
Nov. 24, 2014
By Michael J. Raphael

When may an anonymous tip provide the basis for reasonable suspicion to allow a police officer to stop and briefly detain an i...


California Courts of Appeal, Banking

A recent case address the all-too-common scenario occurs where a client's "trusted" employee, accounting manager, bookkeeper o...


U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals

Public carry and the 2nd Amendment

Nov. 25, 2014
By Lawrence Rosenthal

Likely the most critical issue to be decided in Heller's wake is whether the Second Amendment secures a right to carry firearm...


Law Practice

Everyone wants to win, but lawyers may not consider all the ramifications to the client. ...


U.S. Supreme Court, Constitutional Law

A blighted takings precedent

Nov. 22, 2014
By Gideon Kanner

You remember Berman v. Parker, right? Well guess how that turned out. ...


State Bar & Bar Associations

What's really going on at the bar

Nov. 22, 2014
By Mark J. Geragos

I regret to inform the California legal community what has happened at the State Bar. ...


Criminal

Effective counsel and jury instructions

Nov. 21, 2014
By Konrad Moore

Failing to ask for the right jury instruction may well land you a finding of ineffective assistance of counsel, as one recent ...


U.S. Supreme Court, Intellectual Property

The death of Internet patents

Nov. 21, 2014
By Ben M. Davidson

Should patents be used to monopolize abstract ideas of doing business on the Internet using conventional programming technique...


U.S. Supreme Court, Constitutional Law

It all depends on whose privacy it is

Nov. 20, 2014
By Rebecca L. Brown

The U.S. Supreme Court recently agreed to hear City of Los Angeles v. Patel, a case which may provide the court an opportunity...


Civil Rights

The basic right to die with dignity

Nov. 20, 2014
By Julie L. Kessler

Whatever your religion and however you view physician-assisted dying with dignity, the case of Brittany Maynard was a painfull...


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

States can't obtain double recovery in class settlements

Nov. 20, 2014
By Julia B. Strickland, David W. Moon

The 9th Circuit recently decided that public officials cannot obtain a duplicate recovery in the form of restitution to indivi...


Government, Administrative/Regulatory

Don't tread on the Internet

Nov. 20, 2014
By Bennett L. Ross, Brett Shumate

If the FCC subjects broadband services to the same regulations that apply to traditional telephone services, the results will ...


U.S. Supreme Court

Let's lift the high court's curtain

Nov. 19, 2014
By Erwin Chemerinsky

Far too much of what goes on in the U.S. Supreme Court is done in secret and without any explanation from the justices ...


Immigration

Employers, employees should beware visa abuses

Nov. 18, 2014
By Rajiv S. Khanna

A recent report by The Guardian has brought into focus corrupt labor brokers in the United States who have been abusing the vi...


Administrative/Regulatory

Data security has a new sheriff in town

Nov. 18, 2014
By Mary Ellen Callahan, Samuel L. Feder

In October, the FCC issued a notice of apparent liability finding that telephone carriers had violated the Communications Act ...


U.S. Supreme Court, Appellate Practice

Whether the court will dismiss a recent CAFA case reflects the intersection of two trends: the increasing influence of amicus ...


Ethics/Professional Responsibility

Attorneys can SLAPP down some suits

Nov. 15, 2014
By Alison Buchanan

Almost since its inception, the anti-SLAPP statute has served as a valuable tool for lawyer defendants sued by litigants regar...


Books, Alternative Dispute Resolution

Susskind on winning win-win negotiations

Nov. 15, 2014
By Jan Frankel Schau

It was with great eagerness that I dove into Lawrence Susskind's new book, "Good for You, Great for Me: Finding the Trading Zo...


Criminal

Heroin, of course, is worse than marijuana

Nov. 15, 2014
By Alex Kreit

One of the recurring mysteries of federal drug law is why marijuana is classified alongside heroin in the most serious categor...



Government, Environmental & Energy, Administrative/Regulatory

Latest fracking bans just the beginning

Nov. 14, 2014
By Richard M. Frank

California voters sent mixed messages at the ballot box last week regarding one of the state's most controversial environmenta...