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Alternative Dispute Resolution

Now, Who Wants to Be a Mediator?

May 8, 2010
By A. Marco Turk

With an over abundance of lawyer-mediators, AB 2475 emerged as an attempt to penetrate the concept of "absolute quasi-judicial...


Health Care & Hospital Law

Early Onset

May 8, 2010
By Joseph H. Cooper

Joseph Cooper of Quinnipaic University presents a short story themed to honor the memory of mothers. ...



Appellate Practice

The Value of Unpublished Opinions

May 8, 2010
By Moe Keshavarzi

Moe Keshavarzi of Sheppard Mullin argues in support of the new rule requiring federal courts to allow citation of unpublished ...


Constitutional Law

Today, as mandated by federal law, is the National Day of Prayer and it may be the last, writes Stephen Rohde of Rohde & V...



Letters, Immigration

Everyone appreciates the backbreaking labor preformed by the migrant workers.


Tax, Corporate

The 'Amazon Tax,' Too Good to Be True

May 5, 2010
By Kenneth K. Lee

The "Amazon tax's" seductive scheme may tempt Californians, but Kenneth Lee of Jenner & Block cautions that it is too good...



Civil Litigation

The Tricky Business of Class Action Settlements

May 4, 2010
By Eric B. Kingsley

Darren Cohen and Eric Kingsley of Kingsley & Kingsley discuss concerns over settlement of class actions that have become m...


Judges and Judiciary

Goodbye to An Extraordinary Writer

May 4, 2010
By Arthur Gilbert

Presiding Justice Arthur Gilbert pays tribute to a good friend who was one of the nation's great jazz critics and lyricists. ...



Labor/Employment

Unpaid Summer Interns: Worth the Risk?

Apr. 30, 2010
By Arthur F. Silbergeld

Did you know that work without pay may violate federal and California wage and hour laws? Arthur Silbergeld and Jessica Boar o...


U.S. Supreme Court, Intellectual Property

The Peculiarities of Pleading in Patent Cases

Apr. 29, 2010
By Craig E. Countryman

Examining the effect that two recent Supreme Court decisions about pleading requirements may have on patent cases. ...



Labor/Employment

Male on male sexual harassment claims have doubled between the years of 1992 and 2008, writes Wendy Patrick of the San Diego D...


Criminal

Stalking: From the Workplace to Cyberspace

Apr. 20, 2010
By Wendy L. Patrick

Wendy Patrick of the San Diego District Attorney's Office says technology now allows a crafty cyber stalker to acquire persona...



Alternative Dispute Resolution

Big Ticket: Mediation Confidentiality

Apr. 17, 2010
By A. Marco Turk

Statutes do not appear to be designed to provide protection to lawyers who may be sued by their clients for legal malpractice....


Insurance

What Is an 'Accident?'

Apr. 17, 2010
By Rex Heeseman

Rex Heeseman asks, what is an "accident" within the meaning of many insurance policies? ...



U.S. Supreme Court, Constitutional Law

The Vision of John Paul Stevens

Apr. 14, 2010
By Erwin Chemerinsky

John Paul Stevens carried on the approach of the justice he replaced, William O. Douglas, and that of the Warren Court, writes...


Law Practice, Ethics/Professional Responsibility

Wendy Patrick of the San Diego District Attorney's Office explains how communicating on social networking sites can violate pr...



Civil Rights

Silence Is Betrayal

Apr. 6, 2010
By Stephen F. Rohde

Stephen Rohde remembers Martin Luther King Jr.'s speech on the war in Vietnam and how his words remain relevant today. ...


Alternative Dispute Resolution

How Style Affects Mediator Impartiality

Apr. 3, 2010
By A. Marco Turk

With the practice of mediation still evolving, some mediator styles may breach the ethical requirement of impartiality.



Judges and Judiciary

'Surprise' IsIn the Eye of The Beholder

Apr. 2, 2010
By Arthur Gilbert

The lack of certainty brings an element of surprise to decisions rendered by higher courts, and a big surprise can be disquiet...


Ethics/Professional Responsibility

Advertising Rules for Social Networking Sites

Mar. 31, 2010
By Wendy L. Patrick

Interested in advertising your legal services on the Internet? Wendy Patrick of the San Diego District Attorney's Office lays ...



Mergers & Acquisitions, Contracts

Drafting Tips for Transactional Attorneys

Mar. 31, 2010
By Steven T. Lowe

Steven Lowe of Lowe Law says transactional attorneys should always keep in mind how contracts are likely to "play out" in a co...


Civil Litigation

Opinion Poll Issues Flawed Results

Mar. 25, 2010
By Eric B. Kingsley , Elana R. Levine

Eric Kingsley and Elana Levine of Kingsley & Kingsley discuss the recent ranking of California as one of the worst states ...



Law Practice, Ethics/Professional Responsibility

Bloggers Beware

Mar. 25, 2010
By Wendy L. Patrick

Wendy Patrick of the San Diego District Attorney's Office concludes her exploration of ethical and legal issues in the realm o...


Law Practice, Ethics/Professional Responsibility

Choose Your 'Friends' Carefully

Mar. 24, 2010
By Wendy L. Patrick

In the age of electronic communication and social networking, attorneys must be aware of their ethical responsibilities, write...



Insurance

New Standards for Punitive Damages?

Mar. 23, 2010
By Rex Heeseman

Judge Rex Heeseman asks whether concepts such as "arbitrary" will have force in the world of punitive damages. ...


Criminal

Staff Layoffs: The Wrong Solution

Mar. 23, 2010
By Louis J. Shapiro

Learn why the recent layoff of court staff is the wrong approach to alleviating the budgetary deficit. ...



Labor/Employment

'Dressing Up' Gender Stereotypes

Mar. 20, 2010
By Charlotte Fishman

Charlotte Fishman of Pick Up the Pace says courts should know better than to green light gender stereotypes "dressed up" as fo...


Alternative Dispute Resolution

'Puff, the Magic Dragon:'Binding Mediation

Mar. 20, 2010
By A. Marco Turk

Binding mediation, a hybrid ADR approach, is based on a misunderstanding of mediation's true nature. ...



Constitutional Law

Pledging Allegiance To God

Mar. 17, 2010
By Stephen F. Rohde

Stephen Rohde of the ACLU says religion can thrive without indoctrinating children in public schools to espouse religious beli...


Civil Litigation, Appellate Practice

Untangling the Web: Motions for Reconsideration

Mar. 11, 2010
By James C. Martin , Wendy S. Albers

James Martin and Wendy Albers of Reed Smith provide guidance on when to file a motion for reconsideration, its implications an...