Civil Litigation
Evaluating in the Dark
By Ralph Barat Saltsman , Stephen Warren Solomon
How do you estimate the value of a case?
No one is immune to the influence of an intoxicating agent. ...
A recent state appellate decision addresses issues arising from insurance bad faith litigation. ...
Studying history helps us appreciate how our actions impact the future, both personally and professionally. ...
Government, Environmental & Energy
Proposition 26: California's Stealth Initiative
By Richard M. Frank
Proposition 26, which would require a supermajority vote for certain fees, could have a devastating effect on vital programs. ...
Should the criminal justice system be used to help alleviate budgetary problems?
Labor/Employment, California Supreme Court, State Bar & Bar Associations
Proposed Rules of Professional Conduct: Impact on Internal Investigations by In-House Counsel
By Mandana Massoumi, Kate Santon
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
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
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
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
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
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
The Benefits and Privileges Of Reasonable Accommodation
By D. Gregory Valenza
Reasonable accommodation obligations for disabled employees are broader than most employers expect. ...
A look at the changes and challenges facing wage and hour litigation following the golden age of the past decade.
Can legalization of marijuana be the solution to California's deficit? ...
U.S. Supreme Court, Constitutional Law
Protecting Speech and Privacy
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
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...
Justice draws a fine line between vengeance and public order. Which side does the death penalty fall on?
Constitutional Law
Why Aren't Our Journalistic Betters Defending the First Amendment?
By Gideon Kanner
The press' failure to report on a controversial lawsuit attacking a new book on eminent domain shows its hypocrisy on constitu...
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
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 ...
Our annual U.S. Supreme Court preview focuses on important issues that will confront new Associate Justice Elena Kagan and her...
Knowledge of e-Discovery disputes is emerging as a key resource in the legal profession. ...
Constitutional Law, 9th U.S. Circuit Court of Appeals
Tattoo Parlors: Protected by First Amendment, Not Accepted by Society
By Charles S. Doskow
Considered eyesores from a municipal standpoint, why did the 9th Circuit give tattoo parlors full First Amendment rights? ...
Religious discrimination is an issue of significance in California, whose citizens represent virtually every country and faith...
Witnesses who tell differing accounts at separate depositions are not necessarily liars. Memory failings are a natural occurence.
If Proposition 19 legalizes marijuana use, several employment law issues will arise, requiring employers to revamp their workp...
Civil Litigation, Law Practice
Suing Lawyers for Conspiring With Their Clients Just Got Easier
By Timothy D. Reuben
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
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.
The 9th Circuit was wrong to prevent victims of torture from suing because privileged state secrets might later become crucial...