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Judges and Judiciary

Pardon the interruption

Oct. 7, 2014
By Arthur Gilbert

A few months ago I was at a "bar event." They are all the same. Lawyers and judges schmooze over h'oeuvres and drinks. (Will n...


Environmental & Energy

Beach access case nowhere near done

Oct. 4, 2014
By John F. Barg, Nicole M. Martin

The legal battles over public access to Martins Beach are by no means over and, in fact, create a potentially interesting back...


Criminal, 9th U.S. Circuit Court of Appeals

We need alternatives to prison for disabled inmates

Oct. 4, 2014
By Claudia B. Center

We must prioritize creative alternatives to incarceration that include community-based supports for people with disabilities.


Transportation, Administrative/Regulatory

Privacy prevails at state Capitol

Oct. 4, 2014
By Douglas E. Mirell, Matthew A.F. Blackett

Californians can thank their Legislature and Gov. Jerry Brown for enacting a number of new laws that will serve to protect per...


Transportation, 9th U.S. Circuit Court of Appeals

Guidance lacking for on-street disabled parking

Oct. 3, 2014
By Michael J. Maurer

The 9th Circuit recently ruled that the Americans with Disabilities Act requires cities to provide on-street parking that is a...


Intellectual Property

Unhappy together: The Turtles, Sirius XM

Oct. 3, 2014
By Lawrence Y. Iser

On Sept. 22, U.S. District Judge Philip Gutierrez ruled that California's copyright statute includes the exclusive right to "p...


An independent PayPal is expected to be much more appealing to potential customers like Amazon.com who compete with eBay. And ...


Corporate, Administrative/Regulatory

Cybersecurity begins with the C-suite

Oct. 2, 2014
By Mary Ellen Callahan, Daniel E. Chudd

This month marks the third anniversary of the release of guidance by the SEC on the disclosure obligations of public companies...


One rule of appellate practice is that an appellant must adhere to the theory of the case that was presented in the trial cour...


Law Practice

'Disengaging' from your career

Oct. 1, 2014
By Timothy A. Tosta

When and how does one disengage from an extraordinary career?


Environmental & Energy

Science refutes fracking opposition

Oct. 1, 2014
By Jeffrey Dintzer, Nathaniel Johnson

The groundwater contamination caused by fracking has been a central component of the anti-fracking narrative. By Jeffrey Dintz...


Criminal, Constitutional Law

Search and seizure basics, Part 3

MCLE
Sep. 29, 2014
By Elia V. Pirozzi

The objective of this article and self-study test is to review the principles and recent case authority concerning the Fourth ...


Environmental & Energy

A brave new world of water regulation

Sep. 30, 2014
By Kathryn L. Oehlschlager, Estie M. Kus

Since the state of California was born, the right to extract and use groundwater has been virtually unregulated. But all that ...


Alternative Dispute Resolution

Mediation conflict: What would Freud do?

Sep. 27, 2014
By Robert S. Mann

Sigmund Freud believed that unrecognized and unresolved conflicts were the basis for neurotic behavior and unhappiness.


Ethics/Professional Responsibility

Ethical supervision: all in a day's work

Sep. 27, 2014
By Alison Buchanan

While it is perfectly acceptable for us to rely on others to help manage our work and our practices, our duties of competence ...


Concussion management should be 'no brainer' for NCAA

Sep. 27, 2014
By Alexander T. Robertson IV

Unlike their professional counterparts, college football players who receive scholarships are often at the mercy of their scho...


U.S. Supreme Court, Constitutional Law, Books

Review: A flawed case against the Supreme Court

Sep. 27, 2014
By David DeGroot

Erwin Chemerinsky undertakes an ambitious review of the Supreme Court's history in his new book. He conveys his criticism in s...


Judges and Judiciary

Last year, Chief Judge Diane Wood of the 7th U.S. Circuit gave a keynote address at Chicago-Kent Law School in which she discu...


Civil Litigation, Law Practice

Don't trip on the immunity 'trail'

Sep. 26, 2014
By Molly M. McKibben

Ambitious plans to create a recreational paradise along parts of the Los Angeles River may lead to a slew of legal pitfalls fo...


Law Practice

It's getting to be so that you can't rely on any purportedly scientific news in the newspapers. ...


Law Practice, Entertainment & Sports

The NFL's desperate need for moral clarity

Sep. 25, 2014
By Robert L. Bastian Jr.

Redskins - the name of the NFL's Washington franchise - is a slur. And it's the least controversial thing about the NFL these ...


Judges and Judiciary

Take me out to the courthouse...

Sep. 25, 2014
By Michael L. Stern

Baseball has been America's pastime for more than a century. So it is not surprising that expressions unique to the game have ...


Criminal

Privacy and police body-worn cameras

Sep. 25, 2014
By Gary Schons

The shooting of Michael Brown in Ferguson, Mo., has turned a white hot light on the issue of equipping all police officers on ...


Civil Litigation, Law Practice, California Courts of Appeal

Malicious prosecution is an extremely disfavored tort - but it just got a little stronger, thanks to the weakening of the inte...


Ray Rice, the NFL and at-will employment

Sep. 24, 2014
By Brian S. Kabateck

In recent weeks, the debate surrounding Ray Rice and his termination at the hands of the Baltimore Ravens has reached fever pi...


Letters, Appellate Practice

Tentative opinions in the next decade or two

Sep. 23, 2014
By Paul S. Berger

"Far-fetched" is not the same as "unlikely to be implemented."


Letters, Appellate Practice

Tentative rulings aren't so "far-fetched"

Sep. 23, 2014
By Ciarán O’Sullivan

Especially given that one division is already doing it. By Ciarán O'Sullivan ...


Judges and Judiciary, California Supreme Court

Informed voters ensure fair courts

Sep. 23, 2014
By M.C. Sungaila

An independent and fair judiciary is the cornerstone of our democracy. It is imperative that we make informed choices in selec...


I recently noticed that my Saturday morning visits to the local farmers' market were filed with more tax law than I realized. ...


Entertainment & Sports, Contracts

Morals clauses: from Ruth to Rice

Sep. 17, 2014
By Julie L. Kessler

All is not well with the NFL. Last week, following TMZ's release of new video footage, the league indefinitely suspended Ray R...