Intellectual Property
Swimming in the deep end: Grooveshark faces new copyright lawsuit
By Nickolas B. Solish
Grooveshark.com, an online music streaming Web site, becomes bait for copyright music companies yet again.
Civil Litigation, Insurance
Hold your horseplay: Recent ruling not a victory for insurers
By Linda D. Kornfeld , Jerold Oshinsky
The debate continues between insurance companies and policyholders over what is an accident or occurrence. By Linda Kornfeld, ...
Books
Inheritance disputes: It’s not always about greed
Contrary to popular belief, money is not the central reason behind inheritance disputes between family members. By Mark Accet...
Feeling an increase in job dissatisfaction? Here's a new way to escape the gloom. ...
Government, Civil Rights
Getting away with torture: the ill-treatment of detainees
By Stephen F. Rohde
A Human Rights Watch report on torture calls for criminal investigations of several members of the Bush administration. ...
Labor/Employment
Courts are split in defining what constitutes same-sex harassment
By Thomas L. Dorogi
A recent appellate decision on same-sex harassment may be a potential victory for employers defending these claims under state...
U.S. Supreme Court, Constitutional Law
Procedural protections of the Sixth Amendment: The means to an end, or an end in themselves?
By Brian M. Hoffstadt
The U.S. Supreme Court faces an assortment of Sixth Amendment issues in its next term.
Transportation, Government
The road to 'Carmageddon': Residents up in arms
By Gideon Kanner
Take a trip down memory lane on highway construction and maintenance, and residents that get in the way. ...
U.S. Supreme Court, Labor/Employment
Arbitrations may not kill class actions after all
By Eric B. Kingsley
With individual arbitration agreements to become the new way of the world, the 2nd District changed the whole dynamic with one...
Criminal
The Casey Anthony verdict: Important lessons for civil attorneys
By Bruce G. Fagel
Whether or not Casey Anthony got away with murder, the greater concern is the perception that the jury got it wrong. ...
Ethics/Professional Responsibility
E-Discovery: Dangers of shifting burden of document review to outside service providers
By A. Marco Turk
A large prominent law firm proves to be more vulnerable than they might have thought possible. ...
U.S. Supreme Court, Administrative/Regulatory
Will a landmark ruling on broadcast indecency be destroyed by the f-bomb?
By John F. Stephens
The U.S. Supreme Court will consider whether to overturn its landmark 1978 ruling on indecency, FCC v. Pacifica Foundation.
U.S. Supreme Court, Constitutional Law
Protecting the rich in the election system
By Erwin Chemerinsky
The U.S. Supreme Court conservative majority makes clear their desire to protect the influence of the wealthy in the election ...
The capture of a Somali citizen by the U.S. government on terrorist charges spotlights the dangers of hidden detention. ...
U.S. Supreme Court, Criminal, 9th U.S. Circuit Court of Appeals
The Reason Behind the 9th Circuit's High Reversal Record
By Lawrence Waddington
The U.S. Supreme Court rejects the 9th Circuit's relentless evasion of the Anti-Terrorism and Effective Death Penalty Act. ...
Law Practice, Ethics/Professional Responsibility
A scarlet letter - interim suspension following a criminal conviction
By Diane L. Karpman
The State Bar's imposition of an interim suspension can effectively put an attorney out of business. ...
Judges and Judiciary
On Another Note: A Justice's Lament Over Judicial Restraint
By Arthur Gilbert
The delicate balance between judicial restraint and First Amendment rights. ...
Books, Appellate Practice
Successfully Protect Your Case at the Trial Court Level
By Donna Bader
Understanding the role of attorneys in the appellate process is the first step to protecting your case at the trial court level.
U.S. Supreme Court, Intellectual Property
US Supreme Court Confuses Patent Infringement Law
By Craig E. Countryman
A recent decision will create confusion about what is required to trigger liability for patent infringement. ...
Constitutional Law
First Amendment Protects Violent Video Games ... for Now
By Stephen F. Rohde
When it comes to minors' access to violent video games, parents and the $10 billion video game industry get to make the call.
Civil Litigation
E-Discovery: When 'Sneak-a-Peek' May Result in Disqualification of Counsel
By A. Marco Turk
Making inadvertent discovery disclosures of privileged material to opposing counsel has its consequences. ...
Everything you need to resolve your banking issues starts with taking a closer look at the check. ...
Governments lack incentive to complete tasks in a manner that saves time and expense for all those involved.
Life simply gets better when you learn how to make amends. ...
Appellate courts step up their monitoring of punitive damages awards. ...
U.S. Supreme Court, Environmental & Energy
US Supreme Court Rejects States' Climate Change Nuisance Lawsuit
By Richard M. Frank
American Electric Power Inc. v. Connecticut could have been far more damaging to those pursuing climate change litigation in f...
Judges and Judiciary, Criminal
Mental Competence to Stand Trial in Felony Cases
By Maria E. Stratton
The process used to determine whether a person is competent in felony cases. ...
Law Practice, Ethics/Professional Responsibility
Now that I've gotten a State Bar letter, what's next?
By Diane L. Karpman
Know thy adversary - what the State Bar considers when deciding to close an inquiry or investigation. ...
Alternative Dispute Resolution
I Feel Stupid, Oh So Stupid: The Effects of Remorse on the Mediation Process
By Robert S. Mann
Acknowledging and examining a party's feelings of guilt can clear the air for a successful mediation.
Alternative Dispute Resolution
How to Undermine the Mediation Process Without Really Trying
By Michael H. Leb
If you rely on mediators to help you settle cases, read this.