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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...



Fighting Against CutsTo Child Care Funding

Nov. 9, 2010
By Hernan D. Vera

The termination of child care funding leaves families with an impossible choice that is now in the hands of the legislature, a...


Why lawyers should check their litigious mantles at the "meet and confer" door and don cloaks of mediation in e-discovery matt...



Labor/Employment

What should the plaintiffs' bar do in the law and motion arena to regain ground in the fight for employee rights?


Civil Litigation

Evaluating in the Dark

Nov. 3, 2010
By Ralph Barat Saltsman , Stephen Warren Solomon

How do you estimate the value of a case?



Judges and Judiciary

Intoxication Is Toxic

Nov. 2, 2010
By Arthur Gilbert

No one is immune to the influence of an intoxicating agent. ...


Insurance

Bad Faith Developments

Nov. 2, 2010
By Rex Heeseman

A recent state appellate decision addresses issues arising from insurance bad faith litigation. ...



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...