This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

    Filter by date
     to 
    Search by Author
    Search by Category
    Search by Headline

Appellate Practice

By Benjamin G. Shatz A notice of appeal is one of the simplest documents a lawyer can prepare. Usually the only serious att...


Appellate Practice

Expert Advice

Jul. 1, 2006
By Benjamin G. Shatz

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?

Jun. 30, 2006
By Benjamin G. Shatz

A notice of appeal is one of the simplest documents a lawyer can prepare. ...


Insurance

Challenging Punitive-Damages Standards

Jun. 20, 2006
By Rex Heeseman

-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

Forum Column - By Erwin Chemerinsky - The Supreme Court's decision in Garcetti v. Ceballos, 126 S.Ct. 1951 (May 30, 2006), den...


Law Practice

In January this year, the California Court of Appeal issued a decision that creates the potential for extended malpractice lia...



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

Jun. 3, 2006
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

Focus Column - By Benjamin G. Shatz - A common defense tactic in litigation is to inject procedural complication to delay reac...


Constitutional Law

Schools Must Be Able to Limit Abusive Speech

May 19, 2006
By Erwin Chemerinsky

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

May 19, 2006
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...


Just before the opening statements in the government's case against former Enron executives Ken Lay and Jeff Skilling, I empan...



Law Practice

R. Clarke Schultes was one of those influential teacher-coaches who leave their mark in a way so blunt, yet so subtly, that fu...


Judges and Judiciary

Caught Between a Cat and a Legal Conundrum

Apr. 25, 2006
By Arthur Gilbert

Ask lawyers and their clients this question: Judges know the law - true or false? Their answer depends upon whether they won o...



Criminal

Court Blasts Indecency of Criminalizing Homeless

Apr. 20, 2006
By Erwin Chemerinsky

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

Apr. 5, 2006
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

Mar. 31, 2006
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

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

Mar. 21, 2006
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...


Constitutional Law

Court Snubs Free Speech to Bow to Military

Mar. 15, 2006
By Erwin Chemerinsky

Forum Column - By Erwin Chemerinsky ...



Letters, Administrative/Regulatory

Don't Welcome Gangs Into the Political Process

Mar. 9, 2006
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...



Criminal

The present response to combating gangs and gang violence is ineffectual. Hiring more police officers and stiffening criminal ...


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

Feb. 24, 2006
By Erwin Chemerinsky

Forum Column - By Erwin Chemerinsky - One of the most dramatic changes in constitutional law during the Rehnquist court was th...


Judges and Judiciary

Hold the Applause, It's Not Easy Being a Judge

Feb. 23, 2006
By Arthur Gilbert

You know the story about the patient relating a terrible nightmare he had the previous night. "Doctor, it was horrendous. I dr...



Administrative/Regulatory

Forum column - By Elena E. Smith - Apparently, some people would like to live in Rod Stewart's world - a place where, if you t...


Law Practice

Civic Faith Erodes Without a Foundation in Fact

Feb. 18, 2006
By Robert L. Bastian Jr.

Asking "fact or fiction?" is not the same as asking whether a memoir - or, for that matter a legal argument or a justification...