U.S. Supreme Court, Constitutional Law
Anonymity in cyberspace: courts shield speech but not piracy
By Andrew J. Thomas
Difficult questions arise when litigants attempt to unmask anonymous Internet users in order to assert legal claims based on t...
Two things happen in mediation: the mediator influences the parties, and the parties influence the mediator. ...
It's often claimed that you cannot insure for punative damages, but that's not the truth of the matter. ...
It is misleading to talk about the pay gap absent a more holistic discussion including other factors. ...
Law Practice
Lessons on social and spiritual intelligence for effective parenting
By Timothy A. Tosta
It is important to remember that at 6 months we are already developing a style of interaction and way of thinking about oursel...
Like Titanic's owners, corporations today benefit from an artificial limitation of liability.
Civil Litigation, Law Practice
eDiscovery: not so fast with the Da Silva Moore Lawyer Relief Act of 2012
By A. Marco Turk
Predictive coding will continue to be a hot topic, and litigants will use it to the extent that it makes fiscal sense.
Mediation is not a victory lap; it's a recognition that a settlement is better than spending time, effort, and money on litiga...
California courts place greater emphasis on judicial economy when it comes to advisory opinions.
Waxing poetic on the importance of choice in an uncertain world.
Criminal
With school doors closing, it's time to rethink our drug policy
By Stephen Downing
With schools shutting down due to budget constraints, it is time to consider the real economic impact of our drug policy.
Letters, Constitutional Law
Affirmative action is a simplistic shortcut
A reader responds to "The future of diversity: Will affirmative action law become more conservative?" ...
Civil Litigation, Labor/Employment, Alternative Dispute Resolution
Employment arbitrations — getting back to basics
By Michael H. Leb
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
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
By Jan Frankel Schau
Lawyers who prepare for negotiation instead of trial may be the legal profession's next big thing. ...
A recent decision by Judge Andrew Peck makes review of electronically stored information an easier task.
On any given day, the value of a case can be affected by a variety of factors.
Law Practice
Guard your heart: managing the stresses of being an attorney
By James P. Gray
Make these simple changes to reduce the risk of heart disease, stroke and diabetes.
Government lawyers tend to get a free pass when they misbehave, unless the victim has special clout. ...
Constitutional Law
Future of diversity in higher education hangs in the balance
By Erwin Chemerinsky
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
Troubling state of political discourse
Readers respond to "Unruly dogs: Election time draws out questionable challenges." ...
Law Practice
The parenting lawyer: What’s my body got to do with it?
By Timothy A. Tosta
Developing bodily awareness can relieve stress, allowing you to create a positive environment for your child.
Judges and Judiciary
Unruly dogs: Election time draws out questionable challenges
By Arthur Gilbert
Why we must make the effort to maintain the excellence of our judiciary.
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
Anti-SLAPP motions — still appealing in federal court?
By Andrew J. Thomas
Over the past decade, defendants increasingly have invoked the anti-SLAPP statute in federal courts.
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?
By Brian M. Hoffstadt
The contemporaneous objection rule is neither ubiquitous nor absolute. ...
Limiting government intervention in the marketplace may be the only solution to saving our economy. ...
Constitutional Law, Administrative/Regulatory
Halftime glitch: Giving the FCC the finger— literally
By John F. Stephens
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
By A. Marco Turk
When an eDiscovery mediation breaks down, the consequences are severe.