Appellate Practice
How Many Mistakes Can a Single Notice of Appeal Contain?
By Benjamin G. Shatz
By Benjamin G. Shatz A notice of appeal is one of the simplest documents a lawyer can prepare. Usually the only serious att...
Practical tips for preparing for the worst--losing an important motion--and getting relief through a writ petition. by Benjam...
Appellate Practice
How Many Mistakes Can One Notice of Appeal Contain?
By Benjamin G. Shatz
A notice of appeal is one of the simplest documents a lawyer can prepare. ...
-Anyone with even a passing interest in punitive damages is aware of the U.S. Supreme Court's blockbuster decision in State Fa...
Constitutional Law
'Garcetti' Decision Ignores the People's Right to Know
By Erwin Chemerinsky
Forum Column - By Erwin Chemerinsky - The Supreme Court's decision in Garcetti v. Ceballos, 126 S.Ct. 1951 (May 30, 2006), den...
Law Practice
Legal Malpractice: Court Must Decide for Whom Statute Tolls
By Stephen L. Raucher
In January this year, the California Court of Appeal issued a decision that creates the potential for extended malpractice lia...
Criminal
Juris Paradox: When Life Itself Constitutes Great Bodily Injury
By Konrad Moore
Criminals should be punished, and unborn life is precious. Both propositions are central tenets of conservative politics. But ...
Bankruptcy
New Bankruptcy Law Increases Burden on Financially Strapped
By Magdalena Reyes Bordeaux
Forum Column - By Magdalena Reyes Bordeaux - The Bankruptcy Abuse Prevention Consumer Protection Act was signed into law by Pr...
Appellate Practice
Delaying Tactic du Jour Fails to Remove Matter de Jure
By Benjamin G. Shatz
Focus Column - By Benjamin G. Shatz - A common defense tactic in litigation is to inject procedural complication to delay reac...
Sometimes hard cases produce brilliant opinions. This certainly was true in the 9th U.S. Circuit Court of Appeals' recent deci...
Letters, Health Care & Hospital Law
Health Crisis Is State, Not Federal, Issue
By Richard A. Nixon
I read with interest the article written by Jeffrey Lowe, "Single-Payer Bill Must Be Passed to Provide Health Care for All" (A...
For Inmates, Lay and Skilling Are Just Robbers in Suits
By Joseph H. Cooper
Just before the opening statements in the government's case against former Enron executives Ken Lay and Jeff Skilling, I empan...
Law Practice
A Good Legal Education Lies in Truth, Not Blind Adherence to Authority
By Robert L. Bastian Jr.
R. Clarke Schultes was one of those influential teacher-coaches who leave their mark in a way so blunt, yet so subtly, that fu...
Ask lawyers and their clients this question: Judges know the law - true or false? Their answer depends upon whether they won o...
Forum Column - By Erwin Chemerinsky - Anatole France remarked that the "[t]he law, in its majestic equality, forbids the rich ...
According to State Farm Mutual Automobile Insurance Co. v. Campbell , 538 U.S. 408 (2003), an award of punitive damages "more ...
Appellate Practice
In California, Appellate Jurists Judge Their Own Bias, Recusal
By Robert C. Cohen, Christopher Pelham
Focus Column - By Christopher K. Pelham and Ronald C. Cohen - The Due Process Clause of the U.S. Constitution protects parties...
Administrative/Regulatory
Federal Courts Need to Command Prisons to Care
By Robert L. Bastian Jr.
The United States has the highest incarceration rate in the world. Historically, American rates were essentially stable until ...
Forum Column - By Judith Daar - Civil disobedience is on the march, and its charging foot soldier is none other than the Catho...
Securities, Corporate
Corporations Can Diminish SEC Penalties by Cooperating
By Thomas A. Zaccaro
Then a company is targeted with a Securities and Exchange Commission investigation, one of its first and most important decisi...
Administrative/Regulatory
Protecting Police at the Expense of Public Good
By Robert L. Bastian Jr.
There should be a rule. Every time a dissenting opinion predicts, Cassandra-like, that a majority's holding will "open the flo...
Forum Column - By Erwin Chemerinsky ...
Letters, Administrative/Regulatory
Don't Welcome Gangs Into the Political Process
By Ira L. Shafiroff
In his op-ed piece, "To Care for Society, Gangs Need a Say in Its Politics" (March 2 Daily Journal), R. Konrad Moore states th...
In Wilson v. 21st Century Ins. Co. , 2006 DJDAR 1290 (Jan. 30), the 2nd District Court of Appeal reversed the trial court's gr...
The present response to combating gangs and gang violence is ineffectual. Hiring more police officers and stiffening criminal ...
Forum Column - By Charles Patterson and Stephen Rohde - Roger Keith Coleman was convicted in 1982 of the rape and murder of hi...
Judges and Judiciary
Roberts Court Nips a Little at Sovereign Immunity
By Erwin Chemerinsky
Forum Column - By Erwin Chemerinsky - One of the most dramatic changes in constitutional law during the Rehnquist court was th...
You know the story about the patient relating a terrible nightmare he had the previous night. "Doctor, it was horrendous. I dr...
Administrative/Regulatory
It's Too Fine a Line Between Sexy and Sexist in Workplace
By Elena E. Smith
Forum column - By Elena E. Smith - Apparently, some people would like to live in Rod Stewart's world - a place where, if you t...
Asking "fact or fiction?" is not the same as asking whether a memoir - or, for that matter a legal argument or a justification...