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Judges and Judiciary

Profiles in Courage: The Sequel

Jan. 11, 2011
By Arthur Gilbert

Valiant examples of courage can be found in the most unusual of places. ...


Alternative Dispute Resolution

Arbitration, No Longer a Clear Cut Choice

Jan. 8, 2011
By A. Marco Turk

The current state of arbitration leaves its participants to contemplate just where and when unintended results will occur. ...



Civil Litigation, Appellate Practice

Have You Filed Your Appeal on Time?

Jan. 8, 2011
By Alana H. Rotter

If a court order is stamped "filed" but no one sees it, is it really filed? ...


U.S. Supreme Court, Constitutional Law, Books

The Legacy of Justice William J. Brennan, Jr.

Jan. 8, 2011
By Stephen F. Rohde

Why Justice William J. Brennan, Jr. is considered the most influential justice of the 20th century. ...



Insurance

Different Standards for Environmental Cases?

Jan. 7, 2011
By Rex Heeseman

A review of the state Supreme Court's multiple approaches to interpreting insurance policies in environmental disputes. ...


Appellate Practice

It Gets Tricky

Jan. 6, 2011
By Gary A. Watt

Challenging a fee award just got a little trickier.



Health Care & Hospital Law, Appellate Practice

Circuit Split on Free Speech And Drug Prescription Data

Dec. 18, 2010
By Jonathan M. Rotter , Alana H. Rotter

The constitutional debate over the sale of prescriber-specific data for commercial use.



Law Practice

Doing Justice, Making Amends

Dec. 16, 2010
By Timothy A. Tosta

Should a sentence for manslaughter only reflect the crime, or should it consider the defendant's compassionate character?


Government, Environmental & Energy

The Legacy of Arnold Schwarzenegger

Dec. 16, 2010
By Richard M. Frank

Contrary to popular opinion, a strong case can be made that Arnold Schwarzenegger was a remarkably successful governor.



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

A New Obstacle to Civil Rights Relief

Dec. 16, 2010
By Erwin Chemerinsky

The U.S. Supreme Court makes it more difficult for plaintiffs to sue their local governments. By Erwin Chemerinsky of UC Irvin...


Government

The Great Rent Control War

Dec. 15, 2010
By Myron Moskovitz

The rent control war ends in the U.S. Supreme Court, but adversaries continue to squabble. ...



Family

Does a Spouse’s Waiver of Interest Trump the Beneficiary Designation?

Dec. 15, 2010
By Mitchell A. Jacobs , Navid Moshtael

What happens when your client's beneficiary designation is inconsistent with the terms of the divorce decree?


Government

The Great Rent Control War

Dec. 13, 2010
By Myron Moskovitz

From the legislature, to the governor, and then the ballot - opposition greets rent control at every stage.



David R. Henderson's "The Joy of Freedom: An Economist's Odyssey" shows us the enormous harm done by government intrusion.


The Great Rent Control War

Dec. 10, 2010
By Myron Moskovitz

A play-by-play of the first battle waged in California's 20-year rent control war.



Insurance

Prejudgment Interest: Overlooked Until Now

Dec. 8, 2010
By Rex Heeseman

It's time for the bench and the bar to start paying attention to the topic of prejudgment interest. ...


Judges and Judiciary

The Ripple Effect

Dec. 7, 2010
By Arthur Gilbert

The ripple effect of court decisions extends far and beyond the individuals involved in the case. ...



Alternative Dispute Resolution

Parties to multiple contracts should carefully review the terms and check for consistency.


Law Practice

The Mindful Lawyer: Not Your Usual Law Conference

Dec. 4, 2010
By Timothy A. Tosta

A recent conference focuses on finding a harmonious balance in the practice of law. ...



Letters, Constitutional Law

The Wall That Separates

Dec. 3, 2010
By Stephen F. Rohde

Stephen Rohde writes in response to "The Founders Did Not Seek to Abolish Religion." ...


U.S. Supreme Court, Constitutional Law

The Founders Did Not Seek to Abolish Religion

Nov. 25, 2010
By Kris Whitten

There is a historical basis for preserving the phrase "one Nation under God" in the Pledge of Allegiance. By California Deputy...



Criminal

The continued failure to punish prosecutors for misconduct is a reflection of society's ignorance. By Konrad Moore of the Kern...


Family

Modification of Spousal Support:Taking Party Expectations Into Account

Nov. 19, 2010
By Mitchell A. Jacobs , Navid Moshtael

How to account for party expectations when dealing with spousal support payments.



Constitutional Law

End Military Discrimination Now

Nov. 18, 2010
By Erwin Chemerinsky

The prolonging of the discriminatory "don't ask, don't tell" policy is unnecessary. By Erwin Chemerinsky of UCI School of Law....


Health Care & Hospital Law

California's limit on non-economic damages creates an incentive for doctors to discontinue care. ...



Judges and Judiciary

A judge's re-election in the face of partisan challenge results in debate over campaign tactics and ethics.


A lawyers' association with chapters around the nation aims to restore civility and professionalism to the practice of law.



Labor/Employment

New Governor, New Employment Laws Coming

Nov. 10, 2010
By D. Gregory Valenza

The election of Jerry Brown as governor likely will bring about laws that are less friendly to employers. By D. Gregory Valenz...


Environmental & Energy

Recent Decision Unsettles EPA Practices

Nov. 9, 2010
By Jeffrey Dintzer

A largely unnoticed decision permanently alters the landscape for the U.S. Environmental Protection Agency. By Jeffrey D. Dint...