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
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
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
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
Malicious prosecution case creates conflict in case law
By Kenneth C. Feldman
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
Has same-sex marriage become a 'political question'?
By Kris Whitten
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
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
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
Giving up essential liberty to purchase temporary safety
By Stephen F. Rohde
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
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
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
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
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
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
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...
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
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
Many victims of civil rights violations left without a remedy
By Erwin Chemerinsky
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
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...
When Lacy T. pursued her dream to become a cheerleader with the Oakland Raiders, little did she know it land her in the middle...
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
Ruling may lead to more lifetime bans on gun possession
By Michael J. Raphael
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
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...
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?
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
PAGA should reign as Gentry goes quietly into the night
By Eric B. Kingsley
The state Supreme Court convened in Los Angeles April 3 to hear arguments in Iskanian v. CLS Transportation, S204032. Based on...
A while back a lawyer wrote that "common sense" compelled victory on his motion. That's nice, I thought. So why had I bothered...
The Maryland House of Delegates recently passed a bill giving the state the power to condemn property belonging to the produce...
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
By Robert S. Mann
In a trial, as in pole vaulting, there's enormous complexity and rarely a perfect application of force. ...
