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...
This MCLE has expired.

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


Real Estate/Development

Who's really moving back to the big city?

Apr. 30, 2014
By Gideon Kanner

There is more to urban home life than proximity to trendy purveyors of haute cuisine and a latte-dispensing Starbucks within w...


Civil Litigation, Law Practice, Judges and Judiciary, Criminal

A primer on hearsay evidence

MCLE
Apr. 28, 2014
By Daniel J. Buckley

Earn MCLE credit reviewing one of the most common evidentiary issues that arises in both civil and criminal litigation: the ad...


Environmental & Energy

State leads way on drinking water standard

Apr. 29, 2014
By Richard C. Coffin, David M. Metres

California recently became the first state in the nation to establish a drinking water standard for hexavalent chromium. ...


U.S. Supreme Court, Criminal, Constitutional Law

When cops make good faith mistakes

Apr. 29, 2014
By Michael J. Raphael

What happens if the officer was mistaken about the facts or the law such that, with the proper information considered, the off...


Law Practice, Ethics/Professional Responsibility

A court found that the applicable statute of limitations in malicious prosecution cases is not the legal malpractice statute o...


U.S. Supreme Court, Constitutional Law

A case before the 10th Circuit suggests that the U.S. high court may again be asked to determine whether states are free to d...


Real Estate/Development

'Sharing economy' is really just free market

Apr. 25, 2014
By Edward C. Singer Jr.

San Francisco is considering legislation that will allow this "new sharing economy" to co-exist alongside a 35-year-old rent c...


Civil Litigation, California Courts of Appeal

Ruling refines use of product liability doctrine

Apr. 24, 2014
By Craig A. Roeb, Zachary P. Marks

A recent decision helps to define the scope of the "component parts doctrine" used in product liability actions. By Craig A. R...


Civil Rights

A recent court victory for a Muslim scholar who was subjected to shocking mistreatment by the U.S. government has exposed the ...


Administrative/Regulatory

Proposition 65 changes could make matters worse

Apr. 23, 2014
By Amy P. Lally, Judith M. Praitis

In March, the California Environmental Protection Agency released in draft form significant proposed changes to Proposition 65...


Environmental & Energy, Administrative/Regulatory

The state of fracking

Apr. 23, 2014
By J. Thomas Boer

It appears certain that the regulation of fracking, and litigation related to fracking, will increase in the coming year.


Alternative Dispute Resolution

Get to know the inner life of arbitrators

Apr. 19, 2014
By Robert S. Mann

Ask most lawyers what they know about arbitrators and they will tell you only one thing: "They split the baby." ...


Criminal, Construction, Constitutional Law

Criminal courts can do better in cases of mistaken arrest

Apr. 19, 2014
By Robert L. Bastian Jr.

Both the 9th Circuit and California criminal courts can do better by persons mistakenly arrested on warrants meant for others.


Civil Litigation, Appellate Practice

Ruling provides guidance on notices of appeal

Apr. 19, 2014
By Alana H. Rotter

Filing a notice of appeal on time is crucial. If you miss the deadline, the Court of Appeal will be required to dismiss the ap...


Administrative/Regulatory

Heartbleed hotel: managing Internet security flaws

Apr. 18, 2014
By Mary Ellen Callahan

Earlier this month the world was taken by storm by "Heartbleed" - one of the most significant and widespread security flaws ev...


Constitutional Law

More — not less — speech is needed

Apr. 17, 2014
By Julie L. Kessler

I was stunned when I learned that Ayaan Hirsi Ali was summarily disinvited to be Brandeis University's commencement speaker.


Intellectual Property

Right of publicity? First, let me take a selfie

Apr. 17, 2014
By Ciara N. Mittan

"Oh, he wants to take a selfie," President Obama observed with amusement before gamely posing with Boston Red Sox designated h...


Civil Rights, 9th U.S. Circuit Court of Appeals

The victims of civil rights violations often can recover for their injuries only by suing the government officers responsible,...


Get ready to report your bitcoins to the IRS

Apr. 16, 2014
By Robert W. Wood

In March, the IRS issued a bevy of questions and answers about digital currencies like bitcoin. The biggest news is that it is...


Labor/Employment

Raiderette contract is nothing to cheer for

Apr. 15, 2014
By Charlotte Fishman

When Lacy T. pursued her dream to become a cheerleader with the Oakland Raiders, little did she know it land her in the middle...


Law Practice

Never miss a call, text or email again

Apr. 12, 2014
By Paul R. Kiesel

So what product am I talking about? Only the product of the most successful Kickstarter campaign to date - the Pebble Smartwat...


U.S. Supreme Court, Criminal, Constitutional Law

A recent opinion by the U.S. high court may significantly expand the class of Californians prohibited for life from possessing...


Intellectual Property

Properly pleading inventorship disputes in federal court

Apr. 10, 2014
By Craig E. Countryman, Kevin E. Kantharia

Recently, the Federal Circuit highlighted the importance of pleading sufficient facts to establish a federal court's subject m...


Intellectual Property

Aereo doomed by copyright's 'lost ark'?

Apr. 10, 2014
By Peter S. Menell

Given the Copyright Act drafters' intentions, it's hard not to see Aereo's service falling comfortably within their conception...


U.S. Supreme Court, Constitutional Law

Thomas alone on campaign finance?

Apr. 9, 2014
By Richard L. Hasen

It was somewhat of a surprise last week when Thomas wrote only for himself in the McCutcheon campaign finance case.


U.S. Supreme Court, Labor/Employment, California Supreme Court

The state Supreme Court convened in Los Angeles April 3 to hear arguments in Iskanian v. CLS Transportation, S204032. Based on...


Judges and Judiciary

The temptation of common sense

Apr. 8, 2014
By Curtis E.A. Karnow

A while back a lawyer wrote that "common sense" compelled victory on his motion. That's nice, I thought. So why had I bothered...


Constitutional Law

Maryland folds on eminent domain threat

Apr. 8, 2014
By Ilya Somin

The Maryland House of Delegates recently passed a bill giving the state the power to condemn property belonging to the produce...


Judges and Judiciary

Cry me a river

Apr. 8, 2014
By Arthur Gilbert

Despite the problematic and indeterminate nature of words, we can discern with a high degree of certainty the meaning of Ci...


Alternative Dispute Resolution

Control your modulus of elasticity in mediation

Apr. 5, 2014
By Robert S. Mann

In a trial, as in pole vaulting, there's enormous complexity and rarely a perfect application of force. ...