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Law Practice, Judges and Judiciary

Sept. 11 Unleashed Worst of Times, But We Will Recover

Jan. 12, 2002
By Lawrence Waddington

"It was the best of times, it was the worst of times." When Charles Dickens wrote these immortal opening lines in "A Tale of T...


Judges and Judiciary

Judicial Bearing

Jan. 7, 2002
By Arthur Gilbert

Most judicial appointees bring honor and distinction to the court. But unlike their European counterparts they trained to be l...



Law Practice

Assessing Effects of Secession

Dec. 20, 2001
By David A. Lash

Forum column by David A. Lash - In the proposed breakup of any "family," the concerns of the weakest and most vulnerable membe...


Constitutional Law

Funding Fracas

Dec. 18, 2001
By Erwin Chemerinsky

In the last two months, two federal Courts of Appeals have split over the issue of the constitutionality of state Interest on ...



Banking

Predatory lending is a powerful, silent enemy of low-income homeowners. It results in homelessness and the loss of long-earned...


Constitutional Law

Behind Bars

Nov. 16, 2001
By Erwin Chemerinsky

On Nov. 2, the 9th U.S. Circuit Court of Appeals, for the first time, invalidated a sentence under California's three-strikes ...



Labor/Employment, Insurance, California Courts of Appeal

Class Clout

Nov. 9, 2001
By Aashish Y. Desai

Just say the words "class action" and "overtime" in the same sentence, and you strike fear in the hearts - and pocketbooks - o...


A key section of President George W. Bush's anti-terrorism bill drastically expands the criminal penalties for possessing a bi...



Appellate Practice

Legal Roadmap

Nov. 7, 2001
By Mitchell C. Tilner

An effective introduction is essential to any appellate brief. California's rules do not require a brief to contain a formal s...


Judges and Judiciary

Balance of Power

Nov. 5, 2001
By Arthur Gilbert

I'm not sure. Was it a surfeit of pedestrian cases? Or the anticipation of a hot summer that never materialized? I was about t...



Civil Rights

In his column, "Reaching High" (Forum, Sept. 21), professor Erwin Chemerinsky laments the contradictions and confusion prevai...


Law Practice

Digging Just a Little Deeper

Oct. 19, 2001
By David A. Lash

The reach of terrorist attacks can be frightening. Just ask local legal aid and other charities struggling to survive. ...



Constitutional Law

Blue Moon

Oct. 17, 2001
By Erwin Chemerinsky

The U.S. Supreme Court's new term began on Oct. 1, and the justices already have taken several cases that concern the ability...


Civil Rights

Immediately after the Sept. 11 attacks, the U.S. Senate and Attorney General John Ashcroft proposed measures that would expand...



Appellate Practice

Dilatory or Frivolous

Oct. 4, 2001
By James C. Martin , Benjamin G. Shatz

Requests for monetary sanctions are a frequent occurrence in trial courts. Not so at the appellate level, where sanctions are ...


Civil Rights

Reaching High

Sep. 22, 2001
By Erwin Chemerinsky

Few issues are as divisive or as important as whether universities may use race as a factor in admission decisions to enhance ...



Law Practice

Facing Up to Our Terror

Sep. 21, 2001
By David A. Lash

For parents, this is a very scary and confusing time. As vulnerable as everyone has been made to feel, vulnerability is height...


Constitutional Law

Supreme Patterns

Aug. 22, 2001
By Erwin Chemerinsky

A careful examination of the court's work reveals a number of patterns that are likely to have significance for attorneys in a...



Judges and Judiciary

Matter of Opinion

Aug. 22, 2001
By Arthur Gilbert

I hold footnotes in contempt. My colleague Judge Learned Foote loves footnotes. Resting his heels on a footstool, he remarked ...


Judges and Judiciary

Hearing Pleas of the Voiceless

Aug. 17, 2001
By David A. Lash

The topics likely to get the most attention from Gov. Davis and the media, even as his short list of candidates to replace Jus...



Judges and Judiciary, Civil Rights

Pushing Back Our Rights

Aug. 10, 2001
By Eve L. Hill

Former President George H.W. Bush signed the Americans with Disabilities Act into law on July 26, 1990, declaring, "Let the sh...


Civil Rights

Right to Die

Aug. 7, 2001
By Jon B. Eisenberg

Robert Wendland died of pneumonia recently at age 49, eight years after sustaining profound brain damage in an automobile acci...



Law Practice

Seeing Justice on the Horizon

Jul. 20, 2001
By David A. Lash

There is a movie that tells us more about the joy and power of being an attorney than any other movie any lawyer has ever seen...


Civil Litigation

Tough Standard

Jul. 3, 2001
By David J. de Jesus

'Glastetter' demonstrates just how rigorous an analysis must be employed by federal judges evaluating causation issues in tort...



Constitutional Law

Difficult Tension

Jun. 19, 2001
By Erwin Chemerinsky

The case clearly holds that liability cannot be imposed on the media simply because others broke the law in obtaining informat...


Law Practice, Judges and Judiciary

America Stands Out for its Judiciary Free of Corruption

Jun. 16, 2001
By Lawrence Waddington

No society in the world offers its citizenry access to a legal system comparable to that available in the United States. But i...



Appellate Practice

Red Cow

Jun. 7, 2001
By James C. Martin , Benjamin G. Shatz

Appellate decisions of sister states may have preclusive effect if the same parties and issues are involved. ...


Constitutional Law

Divide and Conquer

Jun. 7, 2001
By Charles S. Doskow

Chicken Little decided, on the basis of an acorn propelled by gravity, that the sky was falling. He found a host of credulous ...



Law Practice

Judging Books by Covers

Jun. 5, 2001
By Arthur Gilbert

Books are beneficial. They are used as doorstops, paperweights, steps (to reach other books on high shelves), projectiles (to ...


Criminal

Moving Violation

May 18, 2001
By Erwin Chemerinsky

At a time when scandals like Rampart show the need for controlling the police, the U.S. Supreme Court's decision in Atwater v....