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
By Kris Whitten
There is a historical basis for preserving the phrase "one Nation under God" in the Pledge of Allegiance. By California Deputy...
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
By Mitchell A. Jacobs , Navid Moshtael
How to account for party expectations when dealing with spousal support payments.
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
Withdrawal of Life Support and Medical Malpractice: The Unethical Dilemma
By Bruce G. Fagel
California's limit on non-economic damages creates an incentive for doctors to discontinue care. ...
Judges and Judiciary
The Fight Against Politicized Courts:A Look Back at November's Election
By J. Anthony Kline
A judge's re-election in the face of partisan challenge results in debate over campaign tactics and ethics.
Law Practice
The American Inns of Court: Keeping the Legal Profession on Track
By James P. Gray
A lawyers' association with chapters around the nation aims to restore civility and professionalism to the practice of law.
The election of Jerry Brown as governor likely will bring about laws that are less friendly to employers. By D. Gregory Valenz...
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
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...
Civil Litigation
Avoid Civil Contempt: Mediate Rather Than Litigate e-Discovery Disputes
By A. Marco Turk
Why lawyers should check their litigious mantles at the "meet and confer" door and don cloaks of mediation in e-discovery matt...
Labor/Employment
Regaining Traction in the Battle Over Employee Rights
By Thomas L. Dorogi
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
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...