Intellectual Property, Entertainment & Sports, Administrative/Regulatory
Doubtful FCC would, could sack Washington's NFL team
By John F. Stephens, Jason M. Joyal
The Federal Communications Commission is being asked to step into the controversy over the Washington NFL team's use of the na...
Letters, 9th U.S. Circuit Court of Appeals
Reversal column left out an important fact
By Aashish Y. Desai
Lawrence Waddington's Oct. 22 column failed to mention an important fact: The 9th Circuit is the largest federal circuit - by ...
Labor/Employment
Sexy pumpkins and other Halloween workplace dangers
By Michelle Lee Flores
The office Halloween party is generally not viewed as a potential hot bed for employment-related problems as compared to the o...
Civil Litigation, Intellectual Property
Think twice before claiming 'fair use' in the classroom
By Dan D. Nabel
When preparing educational coursepacks (whether paper or digital), how much can universities and their faculty freely copy und...
Upon graduating from Boalt Hall in 1974, I "hung out my shingle." It's been 40 years since that fateful decision and, for the ...
Civil Litigation, Corporate
Discomfort dealing with limited liability
By Robert Steven Harrison
The object of this article is to provide an overview of limited liability issues, including the rationale and origin of limite...
Law Practice, Labor/Employment
Billy Graham and the modern day firm
By J. Randolph Evans, Shari L. Klevens
Billy Graham had a rule: avoid being alone with any woman other than his wife, which became known as the "Billy Graham Rule." ...
Alternative Dispute Resolution
Should mediators be agents of control?
By Robert S. Mann
A recent film I saw got me thinking: Are mediators "control agents" or "service providers"?
U.S. Supreme Court, Judges and Judiciary, Constitutional Law
Judges have free speech rights, too
By Charles S. Doskow
Among the rules that apply to judicial elections, one area that has attracted controversy and attention is the solicitation of...
Prosecutions relying on assumptions regarding what a person will decide and how they will act threaten pre-crime conviction an...
Fifty years ago, in a momentous declaration, President Lyndon Johnson launched a war on poverty. Today, the battle continues t...
Government, Criminal
'Revenge porn' law is flawed, but suit goes too far
By Mary Anne Franks
The ACLU of Arizona recently filed suit over a newly enacted revenge porn law, alleging it is unconstitutional. But many of th...
When faced with difficult questions, courts love to punt based on standing. The Silk Road case currently in the Southern Distr...
International Law
Multinational businesses in China face new obstacles
By Pooja S. Nair
Recent and ongoing political and economic developments in China pose unique challenges to American corporations seeking to do ...
Law Practice
Couple global resources with local access to excel
By Stephen J. Hirschfeld
Borrowing the title of New York Times columnist Thomas Friedman's book, the legal landscape today is hot, flat and crowded.
U.S. Supreme Court, Criminal, 9th U.S. Circuit Court of Appeals
Supreme Court reverses 9th Circuit again, and again
By Lawrence Waddington
Few courts of the United States can find as many excuses to avoid capital punishment as the 9th Circuit.
Websites and the duty to warn
By Daniel Brenner
Courts may be narrowing the protections that the Communications Decency Act provides websites. ...
Required right of publicity reading
By Jens B. Koepke
The California Court of Appeal recently clarified two important issues regarding right of publicity cases: assignability and c...
There is no way to entirely prevent getting audited. While the Franchise Tax Board often piggybacks on whatever the IRS has do...
Corporate
Up close and personal with Delaware
By Darian M. Ibrahim, Brian J. Broughman
One of the enduring topics of interest in corporate law is why Delaware dominates the market for incorporations.
Intellectual Property, Entertainment & Sports
Streaming for dollars in the music industry
By Michael R. Morris
The music industry is currently transitioning from an "ownership" model to an "access" model.
U.S. Supreme Court, Constitutional Law, Civil Rights
Backing into marriage equality
By Erwin Chemerinsky
I applaud the result of the Supreme Court's denying review in marriage equality cases involving five states, but disagree with...
Labor/Employment
Workplace texting creating a growing list of implications
By Andrew J. Hoag
A review of the laws implicated by the increasing prevalence of texting in the workplace.
U.S. Supreme Court, Constitutional Law
Justices taking a look at dog sniffs
By Michael J. Raphael
When officers stop a car for a traffic violation, they may employ a trained dog to sniff the vehicle for drugs. But how long m...
Criminal
Mental health and ending female genital mutilation
By Arthur F. Silbergeld, Christine Robles
As the U.S. seeks to expand its efforts against female genital mutilation, it needs a better understanding of its scale and se...
Judges and Judiciary
Recognizing confirmation bias: It's a start
By Curtis E.A. Karnow
Every mediator and settlement judge knows this moment: The client or the lawyer has just made an outlandish, insane statement ...
Intellectual Property, Administrative/Regulatory
FCC axes sports blackout rule, what now?
By John F. Stephens, Jason M. Joyal
Recently, the FCC unanimously voted to end its nearly 40-year-old sports blackout rule that barred cable and satellite provide...
Many lawyer jokes are about attorney fees. But bankruptcy lawyers didn't find anything funny last April when the 5th Circuit h...
Tax, Real Estate/Development, Government, Administrative/Regulatory
Tax increment financing making a return to California
By Jon Goetz
New state legislation expanding the use of property tax increment through infrastructure financing districts gives local gover...
U.S. Supreme Court, Labor/Employment
Justices should recognize ERISA fiduciary's continuing duties
By Michelle L. Roberts
The U.S. Supreme Court recent granted certiorari in Tibble v. Edison International to answer an important ERISA question.