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U.S. Supreme Court, Constitutional Law

Difficult questions arise when litigants attempt to unmask anonymous Internet users in order to assert legal claims based on t...


Alternative Dispute Resolution

The "Harding Effect" in mediation

Apr. 14, 2012
By Robert S. Mann

Two things happen in mediation: the mediator influences the parties, and the parties influence the mediator. ...


Insurance

Insurance can cover punitive damage claims

Apr. 13, 2012
By Kirk A. Pasich

It's often claimed that you cannot insure for punative damages, but that's not the truth of the matter. ...


Letters

Not so fast, wage disparity is not what it seems

Apr. 12, 2012
By Marc E. Angelucci

It is misleading to talk about the pay gap absent a more holistic discussion including other factors. ...


Law Practice

It is important to remember that at 6 months we are already developing a style of interaction and way of thinking about oursel...


Corporate

Titanic: one hundred years later, what has changed?

Apr. 10, 2012
By Eric B. Kingsley

Like Titanic's owners, corporations today benefit from an artificial limitation of liability.


Civil Litigation, Law Practice

Predictive coding will continue to be a hot topic, and litigants will use it to the extent that it makes fiscal sense.


Alternative Dispute Resolution

The basics of successful mediation

Apr. 7, 2012
By Robert S. Mann

Mediation is not a victory lap; it's a recognition that a settlement is better than spending time, effort, and money on litiga...


Law Practice

When is an advisory opinion 'too advisory'?

Apr. 6, 2012
By Brian M. Hoffstadt

California courts place greater emphasis on judicial economy when it comes to advisory opinions.


Judges and Judiciary

Choice amid uncertainty, why it's important

Apr. 3, 2012
By Arthur Gilbert

Waxing poetic on the importance of choice in an uncertain world.


With schools shutting down due to budget constraints, it is time to consider the real economic impact of our drug policy.


Letters, Constitutional Law

A reader responds to "The future of diversity: Will affirmative action law become more conservative?" ...


Civil Litigation, Labor/Employment, Alternative Dispute Resolution

What advocates can do to increase their satisfaction with the arbitration process.


Litigation & Arbitration, U.S. Supreme Court, Alternative Dispute Resolution

The US Supreme Court’s love affair with arbitration

Mar. 21, 2012
By Lawrence Waddington

U.S. Supreme Court justices remain steadfast to their enforcement of arbitration under the Federal Arbitration Act.


Books, Alternative Dispute Resolution

Get better results: Plan for negotiation, not trial

Mar. 17, 2012
By Jan Frankel Schau

Lawyers who prepare for negotiation instead of trial may be the legal profession's next big thing. ...


Civil Litigation

A recent decision by Judge Andrew Peck makes review of electronically stored information an easier task.


Alternative Dispute Resolution

What’s my case worth?

Mar. 17, 2012
By Robert S. Mann

On any given day, the value of a case can be affected by a variety of factors.


Law Practice

Make these simple changes to reduce the risk of heart disease, stroke and diabetes.


Government

Government lawyers tend to get a free pass when they misbehave, unless the victim has special clout. ...


Constitutional Law

A case before the U.S. Supreme Court should frighten all who believe that diversity in higher education matters. By Erwin Chem...


Letters, Judges and Judiciary

Readers respond to "Unruly dogs: Election time draws out questionable challenges." ...


Law Practice

Developing bodily awareness can relieve stress, allowing you to create a positive environment for your child.


Judges and Judiciary

Why we must make the effort to maintain the excellence of our judiciary.


Law Practice

Bill McGivern: a complete portrayal

Mar. 6, 2012
By Rory K. Little

A former judge and U.S. attorney who quietly achieved professional goals that most lawyers only dream of. By Rory K. Little of...


Civil Litigation

Over the past decade, defendants increasingly have invoked the anti-SLAPP statute in federal courts.


Law Practice

New federal guidelines promote uniform treatment of eDiscovery in criminal proceedings.


U.S. Supreme Court

To object or not to object: What is the consequence?

Feb. 28, 2012
By Brian M. Hoffstadt

The contemporaneous objection rule is neither ubiquitous nor absolute. ...


Government

Limiting government intervention in the marketplace may be the only solution to saving our economy. ...


Constitutional Law, Administrative/Regulatory

M.I.A.'s gesture steals the spotlight away from Madonna's halftime show. ...


Civil Litigation, Alternative Dispute Resolution

eDiscovery: Hard drives, hard decisions on data

Feb. 18, 2012
By A. Marco Turk

When an eDiscovery mediation breaks down, the consequences are severe.