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Intellectual Property, Entertainment & Sports, Administrative/Regulatory

Doubtful FCC would, could sack Washington's NFL team

Oct. 29, 2014
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

Oct. 28, 2014
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

Oct. 28, 2014
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

When preparing educational coursepacks (whether paper or digital), how much can universities and their faculty freely copy und...


Law Practice

Before you 'brand': simplify, then amplify

Oct. 28, 2014
By Timothy A. Tosta

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

MCLE
Oct. 27, 2014
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

Oct. 25, 2014
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?

Oct. 25, 2014
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

Oct. 25, 2014
By Charles S. Doskow

Among the rules that apply to judicial elections, one area that has attracted controversy and attention is the solicitation of...


Criminal

Pre-crime prosecutions remain a threat

Oct. 25, 2014
By Konrad Moore

Prosecutions relying on assumptions regarding what a person will decide and how they will act threaten pre-crime conviction an...


Law Practice

Access to justice isn't about handouts

Oct. 25, 2014
By David A. Lash

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

Oct. 24, 2014
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...


Criminal, Constitutional Law

Silk Road and the intangible digital age

Oct. 24, 2014
By Tor Ekeland

When faced with difficult questions, courts love to punt based on standing. The Silk Road case currently in the Southern Distr...


International Law

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

Oct. 23, 2014
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

Oct. 23, 2014
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

Oct. 22, 2014
By Daniel Brenner

Courts may be narrowing the protections that the Communications Decency Act provides websites. ...


Required right of publicity reading

Oct. 22, 2014
By Jens B. Koepke

The California Court of Appeal recently clarified two important issues regarding right of publicity cases: assignability and c...


Tax

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

Oct. 17, 2014
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

Oct. 17, 2014
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

Oct. 15, 2014
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

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

Oct. 14, 2014
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

Oct. 11, 2014
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

Oct. 11, 2014
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?

Oct. 10, 2014
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...


Bankruptcy

Bankruptcy lawyers defend fees on their own dime?

Oct. 10, 2014
By Ben M. Davidson

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

New state legislation expanding the use of property tax increment through infrastructure financing districts gives local gover...


U.S. Supreme Court, Labor/Employment

The U.S. Supreme Court recent granted certiorari in Tibble v. Edison International to answer an important ERISA question.