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Law Practice

Lessons Learned

Oct. 30, 2010
By Timothy A. Tosta

Studying history helps us appreciate how our actions impact the future, both personally and professionally. ...


Government, Environmental & Energy

Proposition 26: California's Stealth Initiative

Oct. 30, 2010
By Richard M. Frank

Proposition 26, which would require a supermajority vote for certain fees, could have a devastating effect on vital programs. ...



Criminal

The CorruptingOf Traffic Citations

Oct. 28, 2010
By James P. Gray

Should the criminal justice system be used to help alleviate budgetary problems?


Labor/Employment, California Supreme Court, State Bar & Bar Associations

Looming changes to the Rules of Professional Conduct place new burdens on in-house counsel.



Intellectual Property

Intent to Induce:Accomplice Liability in Patent Cases

Oct. 26, 2010
By Craig E. Countryman

Who should be liable as an accomplice to patent infringement? ...


Law Practice, Judges and Judiciary, Alternative Dispute Resolution

Peer Mediation: Changing Youth Culture

Oct. 22, 2010
By John P. Doyle

Peer mediation works toward changing youth culture by training young students in non-violent conflict resolution skills. By Lo...



Civil Litigation, Alternative Dispute Resolution

A Profound Blow Against Arbitration

Oct. 22, 2010
By Timothy D. Reuben

A recent judicial panel opinion impugns the character of lawyers and would-be arbitrators who do pro bono work.


Law Practice, Ethics/Professional Responsibility

When Lawyers Collect More Than Clients Receive

Oct. 20, 2010
By Diane L. Karpman

Measures lawyers should take to secure client consent of the fee agreement. ...



California Courts of Appeal

Interlocutory Appeals in Federal Court:It's the Criteria That Count

Oct. 19, 2010
By James C. Martin , David J. de Jesus

Petitioners who wish to take their case to federal court first have to meet the court's strict standard of review. By James C....


Labor/Employment, Civil Rights

Reasonable accommodation obligations for disabled employees are broader than most employers expect. ...



Labor/Employment

The Death Of Wage and Hour Class Actions

Oct. 14, 2010
By Eric B. Kingsley

A look at the changes and challenges facing wage and hour litigation following the golden age of the past decade.


Government, Criminal

Vote to Regulate and Control Marijuana

Oct. 14, 2010
By James P. Gray

Can legalization of marijuana be the solution to California's deficit? ...



U.S. Supreme Court, Constitutional Law

Protecting Speech and Privacy

Oct. 14, 2010
By Erwin Chemerinsky

There is another way to find liability for offensive speech in the military protest case currently before the U.S. Supreme Cou...


Tragedy Unredressed

Oct. 12, 2010
By Ari E. Waldman

Tyler Clementi's suicide makes us question whether our legal system is capable of providing an adequate solution. By Ari E. Wa...



Criminal

Doing Justice

Oct. 12, 2010
By Lawrence Waddington

Justice draws a fine line between vengeance and public order. Which side does the death penalty fall on?


Constitutional Law

The press' failure to report on a controversial lawsuit attacking a new book on eminent domain shows its hypocrisy on constitu...



Judges and Judiciary

Hooked on Language

Oct. 6, 2010
By Arthur Gilbert

A new book tackling the many dimensions of a case in drug court offers insight into the human condition.


9th U.S. Circuit Court of Appeals

Recovering Stolen Art Years After the Fact

Oct. 6, 2010
By Brian S. Kabateck

A new law extends victim's ability to recover stolen art decades later. By Brian Kabateck and Joshua Najemy of Kabateck Brown ...



U.S. Supreme Court

Drama Awaits New Jurist

Oct. 2, 2010
By Erwin Chemerinsky

Our annual U.S. Supreme Court preview focuses on important issues that will confront new Associate Justice Elena Kagan and her...


Civil Litigation

Knowledge of e-Discovery disputes is emerging as a key resource in the legal profession. ...



Constitutional Law, 9th U.S. Circuit Court of Appeals

Considered eyesores from a municipal standpoint, why did the 9th Circuit give tattoo parlors full First Amendment rights? ...


Labor/Employment

Faith, Fashion, And the American Workplace

Oct. 1, 2010
By Jeffrey C. Freedman

Religious discrimination is an issue of significance in California, whose citizens represent virtually every country and faith...



Law Practice

Sins of Memory

Sep. 30, 2010
By Timothy A. Tosta

Witnesses who tell differing accounts at separate depositions are not necessarily liars. Memory failings are a natural occurence.


Labor/Employment

This Bud's for Me, Boss

Sep. 24, 2010
By D. Gregory Valenza

If Proposition 19 legalizes marijuana use, several employment law issues will arise, requiring employers to revamp their workp...



Civil Litigation, Law Practice

Lawyers should be very careful about e-mails from clients that could compromise their role. Conspiracy charges might be around...


Letters, Appellate Practice

Abolishing Oral Argument Is Disservice to Justice

Sep. 16, 2010
By Richard Mosk , Norman L. Epstein

Norman L. Epstein and Richard M. Mosk of the 2nd District Court of Appeal comment on the need for oral argument.



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

Wrong in All Aspects

Sep. 15, 2010
By Erwin Chemerinsky

The 9th Circuit was wrong to prevent victims of torture from suing because privileged state secrets might later become crucial...


Appellate Practice

Law's Lighter Side?

Sep. 14, 2010
By Gary A. Watt

Appellate attorneys spend serious time sorting through case law and facts. Enjoy this collection of judicial nuggets on law's ...



Criminal

The Dangers Of Privatizing Public Defense

Sep. 10, 2010
By Konrad Moore

Fresno County is expected to invite bids from contract attorneys for criminal defense services. Will our system of justice be ...


Appellate Practice

Abolish Oral Argument?

Sep. 9, 2010
By Myron Moskovitz

Today, oral argument in most state appellate courts is an "empty ritual." So why not abolish oral argument to save time and mo...