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Constitutional Law, California Supreme Court

Testing the temerity of the takings clause

Sep. 19, 2015
By Basil S. Shiber

Recent cases have tested the scope of the takings clause of the Fifth Amendment to the U.S. Constitution in a variety of conte...


New Tesla's speeds are ludicrous

Sep. 18, 2015
By Paul R. Kiesel

Can you imagine what it's like for the beleaguered general counsel of Tesla when Musk asks about including a "ludicrous" mode?


Appellate Practice

When should clients pursue an appeal?

Sep. 18, 2015
By Myron Moskovitz

Pursuing an appeal in a civil case is risky and expensive — so be sure you know it's worth rolling the dice.


Civil Litigation, California Courts of Appeal

Lawsuit presents anti-SLAPP conundrum

Sep. 16, 2015
By Joel McCabe Smith

A lawsuit in Orange County recently presented an interesting anti-SLAPP statute conundrum: Who should decide in the first inst...


Government, Criminal, Corporate, Administrative/Regulatory

DOJ shifts focus to individual misconduct

Sep. 16, 2015
By Sara J. O'Connell

Last week, the U.S. Department of Justice announced an initiative to pursue individuals who perpetrate corporate wrongdoing. ...


U.S. Supreme Court

Justice Scalia adheres to "originalism," a method of interpretation that looks to the commonly understood meaning of the Const...


U.S. Supreme Court, Constitutional Law

Speech isn't so free in DC

Sep. 16, 2015
By Erwin Chemerinsky

The D.C. Circuit was wrong in a recent decision upholding a ban on speech activities in the plaza in front of the Supreme Court.


Civil Litigation, Labor/Employment

Does Chipotle GMO suit go too far?

Sep. 15, 2015
By Gene F. Williams

As Americans become more health conscious, they have demanded more transparency regarding ingredients. But Gene Williams says ...


Alternative Dispute Resolution

Mediation is a tale of two unlikely stories

Sep. 12, 2015
By Robert S. Mann

The mediation process often requires each party's original "story" to be extensively rewritten. ...


Administrative/Regulatory

No tax guidance for you, Yahoo

Sep. 12, 2015
By Robert W. Wood

Earlier this month, the IRS decided not to provide Yahoo with an opinion letter on the proper tax treatment of Yahoo's spinoff...


U.S. Supreme Court, Criminal, Constitutional Law

Call to decriminalize sex work is correct

Sep. 11, 2015
By Jerald Mosley

Prostitutes have human rights. In recognition of those rights, Amnesty International has called on all nations to decriminaliz...


Constitutional Law

California's secret law

Sep. 11, 2015
By Jonathan Mayer

California's own state court have secretly narrowed privacy guarrantees under the California Constitution. ...


Family, California Courts of Appeal

Divorces of the rich and famous

Sep. 10, 2015
By Claudia Ribet

A Court of Appeal recently wrote an important opinion in family law regarding a community's interest in a separater property b...


Judges and Judiciary

As time goes by

Sep. 9, 2015
By Arthur Gilbert

Yesterday, Labor Day, was my 40th anniversary. Labor Day 1975. Four decades ago. That is when it happened. Could have been fou...


Alternative Dispute Resolution

Welcome to mediation, let's get started

Sep. 5, 2015
By James P. Gray

Good morning, my name is Jim Gray and I am your mediator to try to help you resolve your dispute. I'd like to share some thoug...


Law Practice

Suing a lawyer? The clock is ticking

Sep. 5, 2015
By Theodore W. Frank

The state Supreme Court recently provided a useful analytic framework to determine whether non-legal malpractice cases brought...


Health Care & Hospital Law, Civil Rights

A recent human interest story featured Dylan Lauren, daughter of Ralph Lauren, who spoke of her decision to hire another woman...


Labor/Employment, Alternative Dispute Resolution

Arbitration agreements must be fair to employees

Sep. 3, 2015
By Gene F. Williams

A Court of Appeal recently held that an agreement to arbitrate that an employee was required to sign on her first day of work ...


Intellectual Property

Review proposed USPTO rules

Sep. 3, 2015
By Jennifer R. Bush

Recently, the U.S. Patent and Trademark Office released a package of proposed procedural revisions affecting post-grant procee...


Labor/Employment

California employees increasingly are turning to the Private Attorneys General Act for mass wage and hour actions, but should ...


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

Circuit reversals portend new term

Sep. 2, 2015
By Lawrence Waddington

As summer yields to autumn, and a U.S. Supreme Court 2015-2016 emerges in October, lawyers and judges can expect another round...


Law Practice, Judges and Judiciary, Criminal

Review a court's duty to instruct a jury

MCLE
Aug. 31, 2015
By Henry J. Hall

Learn the basics of a court's duty to instruct a jury in a criminal case in this month's MCLE column. ...


Civil Litigation, Alternative Dispute Resolution

Plan will force us to desert mediation

Sep. 1, 2015
By A. Marco Turk

The California Law Revision Commission wants to amend state law to pierce the veil of mediation confidentiality in cases where...


Insurance

Insurance coverage for successors

Aug. 25, 2015
By Kirk A. Pasich

In a recent case, the state high court fell in line with most of the rest of the country when it comes to the enforceability o...


Criminal, California Supreme Court

Brady's self-help exception

Aug. 25, 2015
By Brian M. Hoffstadt

The sooner the courts can help themselves to a clearer "self-help" doctrine under Brady, the better off prosecutors and...


Judges and Judiciary, Civil Litigation

To the dictionary ... and beyond!

Aug. 21, 2015
By Michael J. Raphael

Is there a way for a judge to "look up" the ordinary meaning of a word in a statute other than by using a dictionary? The acad...


Civil Rights

Does California, for all its pride in our supposedly progressive legal history, have much to boast about? By Dan Lawton ...


Insurance, California Supreme Court

Last week, the state high court issued a long-awaited decision involving independent counsel in insurance litigation - and com...


Constitutional Law, Administrative/Regulatory

Go Fourth! Cell location data needs a warrant

Aug. 20, 2015
By Mary Ellen Callahan, Jarrell A. Cook

Judge Lucy Koh recently issued a ruling finding the Fourth Amendment requires a warrant prior to collecting cell data. A week ...


U.S. Supreme Court, Constitutional Law

Majority shuns Scalia's approach

Aug. 19, 2015
By Erwin Chemerinsky

This last term, the U.S. Supreme Court decisively rejected Justice Antonin Scalia's restrictive approach to interpreting the C...