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Insurance

Policy exclusions limit or take away coverage. Some exclusions address risks that an insurer wants to avoid (intentional injur...


Judges and Judiciary

Forum Column - By Erwin Chemerinsky - The U.S. Supreme Court under Chief Justice William Rehnquist will not be remembered as a...



Civil Litigation, Judges and Judiciary

State Revamps Numbering, Language of Discovery Act

May 19, 2005
By William Slomanson

On July 1, the California Civil Discovery Act - Code of Civil Procedure Sections 2016 through 2036 - is getting a facelift, th...


Intellectual Property

Just a few years ago, it was unusual for patents to make newspaper headlines - but times have changed. A small company is awar...



Judges and Judiciary

In certain quarters on the left and the right, it is conventional wisdom that everyone on George W. Bush's short list for the ...


Those with even a slight interest in punitive damages are aware of State Farm Mutual Auto Insurance Co. v. Campbell , 538 U. S...



Appellate Practice

Focus Column - Appellate Law - By Kathy M. Banke and David J. de Jesus - The "harmless error" rule sounds deceptively simple. ...


Environmental & Energy

Forum Column - By Jan Stevens - The suggestion that Congress exceeded its powers in enacting the Endangered Species Act is pro...



Judges and Judiciary

Attack On Courts Threatens Crucial Checks And Balances

Apr. 12, 2005
By Erwin Chemerinsky

Forum Column - Erwin Chemerinsky - The conservative attack on the courts is truly frightening and should be denounced by elect...


Q: When? A: The fall of 1964. Q: Where? A: Division 20, the misdemeanor master calendar court of the Los Angeles Municipal Court.



Law Practice

I joined Michael Schiavo's legal team last month, after having represented a group of bioethicists who had previously supporte...


Alternative Dispute Resolution

Drafting arbitration agreements no longer warrants copying a form or using boilerplate language in commercial contracts. And "...



Criminal

Dark Tales May Lie Beneath 'Outrageous' Prisoner Claims

Mar. 31, 2005
By Robert L. Bastian Jr.

What is otherwise a dry subject - technical analysis of statutorily imposed administrative exhaustion requirements in a prison...


Bankruptcy

Forum Column - By David A. Lash - Like so many others, she walked into a legal services office afraid, not knowing where to tu...



Judges and Judiciary

Forum Column By Judith Daar The legal machinations over the case of Terri Schiavo, the Florida woman who has languished in a ...


Insurance

An insurer occasionally asserts the policyholder made a material misrepresentation or concealed a material fact in applying fo...



Administrative/Regulatory

Forum Column - By Ashutosh Bhagwat - This month, Michael K. Powell will step down from his position as chairman of the Federal...


U.S. Supreme Court, Constitutional Law

Focus Column - Land Use Law - By Stuart Miller - On Feb. 22, the U.S. Supreme Court heard oral argument in Lingle v. Chevron U...



Administrative/Regulatory

State Law Must Reflect Fatal Dangers of Police Car Chases

Mar. 17, 2005
By Robert L. Bastian Jr.

The law does not tolerate police unreasonably shooting across a school yard to stop a fleeing suspect. Why should it tolerate ...


Judges and Judiciary

Citing Foreign Law Sparks Unnecessary Bruhaha

Mar. 16, 2005
By Erwin Chemerinsky

Forum Column - By Erwin Chemerinsky - Perhaps the silliest debate now going on is whether it is appropriate for American court...



Entertainment & Sports

The Feb. 14 decision in Yoo v. Robi, 2005 DJDAR 1983, is the latest action in a generations-old practice of compromisin...


Criminal

Lack of Federal Court Review Enables Prison Mismanagement

Mar. 5, 2005
By Robert L. Bastian Jr.

The latest U.S. Supreme Court case to address prison violence, Johnson v. California , 2005 DJDAR 2118, concerns an inmate's c...



Judges and Judiciary

For many years now, I have had this suspicion that things are not what they seem to be. This troubling suspicion I had stuffed...


Real Estate/Development, Government

Forum Column - By Michael M. Berger - California lawmakers have done a lot of talking about the state's housing shortage witho...



Labor/Employment

As the debate over Lawrence Summers' remarks keeps building and building, I confess to feeling a strange thrill.


Administrative/Regulatory

Forum Column - By Erwin Chemerinsky - A recent 9th U.S. Circuit Court of Appeals decision, United States v. Afshari , 392 F.3d...



Judges and Judiciary

I recently had a birthday. It wasn't a good one. It came at the same time of the year as all the others. I guess it wasn't all...


Applying Islamic law, Saudi Arabian authorities periodically cut off the hands of thieves. To most Americans, the practice is ...



Appellate Practice

Focus Column - Land Use Law - By Benjamin G. Shatz - Each new year, federal appellate practice changes as the courts adopt new...


Insurance, Contracts

What is the state Supreme Court's current big-picture view of torts? In other words, should the law encourage or discourage ce...