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Judges and Judiciary

A Moral Choice

Sep. 7, 2010
By Arthur Gilbert

The moral of the story? Perhaps running against an exceptionally well-qualified judge demonstrates lack of judgment.


Mediators Have No Part To Play in Act 3

Sep. 4, 2010
By A. Marco Turk

A state appellate court recently held that at the conclusion of mediation, the mediator is prohibited from clarifying any subs...



Intellectual Property

With courts being cautious about granting injunctions to ban future patent infringement, issues about ongoing patent royalties...


Letters, Criminal

By John F. Montoya of the Los Angeles deputy public defender's office. ...



Criminal

The Death Penalty: Facing More Facts

Aug. 31, 2010
By James P. Gray

Facts show that the death penalty is unmistakably dysfunctional. Repeal is the most practical option.


Law Practice

The Elephant in the Room

Aug. 30, 2010
By Timothy A. Tosta

The sudden passing of a litigation partner and friend brings reflection on how to live a meaningful life.



Criminal

The Death Penalty: Facing the Facts

Aug. 27, 2010
By James P. Gray

Is implementation of capital punishment really justified? Here's the five explanations offered in favor of the death penalty.


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

While lies and despicable speech may be offensive, it's these unpopular messages that most require constitutional protection. ...



Labor/Employment

Want to Get Paid? Don't Inflate Your Bill

Aug. 26, 2010
By Thomas L. Dorogi

The court encourages counsel to litigate meritorious FEHA claims, but an exaggerated fee request could hurt your case.


Insurance

Does 'Remote Act' Equate to No 'Accident'?

Aug. 25, 2010
By Rex Heeseman

When should a "remote" causal act lead to no coverage? ...



Health Care & Hospital Law

With 65 percent of claims dropped, dismissed or withdrawn, a recent survey says the system is broken. In fact, the data proves...


Alternative Dispute Resolution

Given the depth of financial constraints, the judicial system is likely to collapse under its own weight. Mandatory mediation ...



9th U.S. Circuit Court of Appeals

Statute Without Limits?

Aug. 21, 2010
By Simon J. Frankel

AB 2765 seeks to extend the statute of limitations for recovering stolen art. Sound positive? Take a closer look.


Criminal

Reducing Our Prison Population

Aug. 20, 2010
By James P. Gray

Don't let doctrinaire politicians and special interest lobbyists spread fear about releasing our inmates to reduce the prison ...



Intellectual Property

There's a trend of copyright infringement decisions favoring Internet service providers that use filtering software to identif...


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

Wrong on the Law

Aug. 19, 2010
By Erwin Chemerinsky

The 9th U.S. Circuit Court of Appeals' decision to stay same-sex marriages is practical but not justifiable under the law, by ...



Letters

Who Would Have Imagined?

Aug. 17, 2010
By Stephen F. Rohde

Stephen F. Rohde of Rohde & Victoroff responds to criticism of Katherine Dramer's analysis of the Proposition 8 decision. ...


Criminal

What Will Become Of Our Death Penalty System?

Aug. 14, 2010
By Stephen F. Rohde

A state commission report suggesting the death penalty system needs a significant overhaul deserves consideration, by Stephen ...



Government, Corporate

FCPA Challenges from Across the Pacific

Aug. 13, 2010
By Debra Wong Yang

Foreign Corrupt Practices Act ...


Health Care & Hospital Law

Is the California Medical Association a guardian of health care for patients or protector of its member doctors' pocket books?...



Civil Litigation

When it comes to a cross-border directive concerning the legal status of mediation in civil and commercial matters, the remedy...


Tax

Reporting Your Foreign Bank Account

Aug. 5, 2010
By Robert W. Wood

Gone are the days of hiding funds in foreign bank accounts. Are you compliant with Internal Revenue Service regulations?



Government

Freedom, Our Key to Success

Aug. 5, 2010
By James P. Gray

With a growing fiscal deficit, the United States should follow Canada's lead. ...


Immigration

Manzanar Revisited

Aug. 4, 2010
By Konrad Moore

Arizona's SB 1070 is reminiscent of Manzanar, where American citizens of Japanese descent were detained based on their appeara...



Judges and Judiciary

No one expected Chief Justice Ronald George to retire or that Justice Tani Cantil-Sakauye would be nominated as his replacemen...


Letters, Judges and Judiciary

Readers comment on the issue of running against an incumbent judge. ...



Law Practice, Corporate

Courts should not punish a lawyer who acts reasonably and ethically, but is understandably fooled by the confusion of family m...


Do 'Special Answers' Make a Sound?

Jul. 28, 2010
By Daniel Lee Jacobson

If a statute is enacted but not used, does it make a sound? By Dan Jacobson of Pacific West College of Law. ...



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

Identifying which client holds attorney-client privilege is tricky in the realm of corporations, but not so anymore.


Criminal

How Lindsay Lohan Could Have Avoided Jail

Jul. 27, 2010
By Louis J. Shapiro

The court tossed Lindsay Lohan a a life jacket but she chose to sink instead. ...