This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

    Filter by date
     to 
    Search by Author
    Search by Category
    Search by Headline


U.S. Supreme Court

Maryland v. King is troubling because it is about searching people to gather evidence for crimes where they are not sus...


Alternative Dispute Resolution

Using ADR in civil cases becomes completely voluntary

Jun. 18, 2013
By Jan Frankel Schau

An unintended consequence is that the conduct leading up to, during, and following the mediation is entirely unregulated. ...


Ethics/Professional Responsibility

Former clerks and the law firms that hire them must be aware of rules that preclude these clerks from working on matters that ...


Letters, Health Care & Hospital Law

Health care system already a 'train wreck'

Jun. 18, 2013
By William W. Bruzzo

The June 12 article, "Trepidation over health insurance exchanges," by David Deaton and Stephen Sullivan, surprised me.


Government, Administrative/Regulatory

New privacy rules for online businesses aimed at children take effect next month

Jun. 15, 2013
By Mary Ellen Callahan, Andrew J. Thomas

Significant changes to the federal Children's Online Privacy Protection Act go into effect on July 1. Businesses that operate ...


Intellectual Property

Obama misses the mark on patent trolls

Jun. 15, 2013
By Ara R. Jabagchourian, Stewart Pollock

If the goal of reform is to increase innovation and avoid unnecessary litigation, then the focus should be on the use of paten...


Immigration

Border laptop searches: suspicion required?

Jun. 14, 2013
By Laurie L. Levenson

As the summer travel season begins, the courts continue to debate whether laptops at the border may be routinely searched with...


Law Practice

Stress and the workplace

Jun. 12, 2013
By Timothy A. Tosta

Stress not only is related to increased incidence of cancer, but a variety of maladies ranging from strokes and heart attacks ...


Health Care & Hospital Law, Government, Administrative/Regulatory

Trepidation over health insurance exchanges

Jun. 12, 2013
By Stephen M. Sullivan

The health insurance exchanges established by Obamacare are set to be implemented in a matter of months. Many see California a...


Civil Litigation, Appellate Practice

In a nutshell, fail to timely appeal, and your appeal will be dismissed.


Civil Litigation, Appellate Practice, 9th U.S. Circuit Court of Appeals

Judges justifiably oppose federal anti-SLAPP

Jun. 11, 2013
By Anthony M. Glassman, Rebecca Nell Kaufman

Chief Judge Alex Kozinski and Judge Richard Paez question whether California's anti-SLAPP statute even belongs in the federal ...


Labor/Employment, California Supreme Court

Pushing Brinker to the limit

Jun. 10, 2013
By Steven B. Katz

The decision harbored a dark cloud on the edge of its rosy resolution, and a brand-new decision from the Court of Appeal seize...


Law Practice

You've got to work that room

Jun. 7, 2013
By Cindy J. Johnson

You've paid hundreds of dollars for one dinner ticket to the biggest networking event of the year, and you're keenly aware of ...


Labor/Employment

No matter how one elects to read a recent decision, the case undoubtedly expands the class of potential plaintiffs who may bri...


Law Practice

Where the truth lies: the Monty Hall problem

Jun. 6, 2013
By Robert L. Bastian Jr.

Among other things, the Monty Hall problem illustrates how, thinking clearly through the rules of a game ahead of time improve...


U.S. Supreme Court, Constitutional Law

Why pray before a town hall meeting?

Jun. 5, 2013
By Charles S. Doskow

The Supreme Court would in all likelihood not grant review unless it intended to reconsider the entire question of religious i...


Insurance

Over the last 20 years, California courts have reached conflicting decisions as to whether an insurer must pay for attorney fe...


Employers shed restrictive social media policies as more states regulate

Jun. 3, 2013
By Brian S. Kabateck, Lina B. Melidonian

With Congress' inability to pass legislation, California and several other states have taken steps to protect employees, inclu...


Law Practice

It did happen

Jun. 3, 2013
By Arthur Gilbert

I checked the 2012 Court Statistics Report. In fiscal year 1993 our Supreme Court depublished 109 cases. God knows what percen...


Criminal

With only about 5 percent of the world's population, the U.S. has a full 25 percent of its prisoners.


Alternative Dispute Resolution

The obsessive-compulsive approach to mediation

May 31, 2013
By Robert S. Mann

A mediation plan, like a plan of action to build an award winning hot rod, has a number of very specific elements and involves...


Law Practice

Law school fights back: enough is enough

May 30, 2013
By William Slomanson

Sometimes a media narrative takes off like a bullet train flattening anything in its path, even the truth. Such is the case wi...


Three cases suggest the transformative use analysis is becoming untethered from the basic purposes of copyright law.


Law Practice, Government, Constitutional Law

New panel decision shows why facts are for juries

May 29, 2013
By Robert L. Bastian Jr.

When a 2-judge majority rules that no person could reasonably conclude that the plaintiff has a case, they are also saying tha...


Criminal

Special procedural issues in sexual assault cases

MCLE
May 27, 2013
By Karla D. Kerlin, Renee F. Korn

The objective of this article is to acquaint readers with common procedural issues in sexual assault cases, including statute ...


Civil Litigation, Intellectual Property

A few days ago, the 3rd U.S. Circuit Court of Appeals published an important opinion that provides new guidance on how real pe...


U.S. Supreme Court, Constitutional Law

Deciding that their gymnasium was not an adequate venue to hold graduation, a high school in Wisconsin chose to move to a more...


Intellectual Property

These companies continue to mount losses as judges scrutinize their practices.


Environmental & Energy, Administrative/Regulatory

Gov. Brown's proposed Prop. 65 reform is a good start

May 21, 2013
By Joshua A. Bloom, Samir J. Abdelnour

Of course, the devil is in the details, and whether and to what extent these general concepts are transformed into actual law ...


Ethics/Professional Responsibility

The attorney-client privilege ends when there is no longer anyone to hold it. But for California corporations, there is no una...