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Insurance

More than a decade ago, California courts started to summarily adjudicate out "bad faith" claims if the insurer proved suffici...


Judges and Judiciary

Thomas, Unbridled, Would Gut 200 Years of Precedent

Aug. 6, 2005
By Erwin Chemerinsky

Forum Column - By Erwin Chemerinsky - One of the overlooked, important themes of the U.S. Supreme Court's October 2004 term, w...



Law Practice

Peter Stumpf, the principal cellist of the Los Angeles Philharmonic, plays a 17th century Stradivarius cello. Although it is "...


Labor/Employment

The law recognizes two types of sexual harassment: (1) quid pro quo and (2) hostile work environment. The former, easily recog...



Constitutional Law

With Rove, New York Times Trips on Its Own Standard

Jul. 21, 2005
By William J. Becker Jr.

Let's review. Democrats have demanded the resignations of Secretary of Defense Donald Rumsfeld, Deputy Secretary of Defense Pa...


Constitutional Law

Forum Column - By Erwin Chemerinsky - The Supreme Court took two cases involving Ten Commandments displays likely in the hope ...



Letters, Judges and Judiciary

Bush's Picks Will Certainly Behave Predictably

Jul. 12, 2005
By Jeffrey H. Friedman

In his commentary, "First Things First: Democarcy Depends On Independent Judiciary" (May 31 Daily Journal), Justice Arthur Gil...


Constitutional Law

Forum Column - By Clay Calvert - There is no more powerful image or metaphor in the realm of free speech theory in the United ...



Constitutional Law

Forum Column - By Stephen F. Rohde - As we celebrate the Fourth of July, we should recall the injustices that impelled the Fou...


Forum Column - By R. Konrad Moore - In 2003, a Bakersfield jury convicted Glen Johnson of murder. A year later, a California c...



Insurance

In State Farm Mutual Automobile Insurance Co. v. Campbell , 538 U.S. 408 (2003), the U.S. Supreme Court opined that "an award ...


Letters, Constitutional Law

Americans Have Right to Amend Constitution

Jun. 24, 2005
By Hirbod Rashidi

Letter to the Editor - Stephen Rohde, in his opposition to the proposed constitutional amendment authorizing Congress to outla...



Judges and Judiciary, Criminal, Constitutional Law

Forum Column - By Robert L. Bastian Jr. - Two related trends are worsening government officials' indifference to the minimum s...


Appellate Practice

Focus Column - Appellate Law - By Benjamin G. Shatz - In February, Congress passed the Class Action Fairness Act of 2005, whic...



Civil Rights

Court Moves to Weed Out Race Issue in Jury Selection

Jun. 16, 2005
By Erwin Chemerinsky

Forum Column - By Erwin Chemerinsky - In two important decisions Monday, the U.S. Supreme Court reaffirmed that peremptory cha...


Government, Constitutional Law

"Our system of democracy depends on judges being supported in the exercise of their constitutional obligation to protect the b...



Securities, Corporate

Focus Column - International Law - By Barbara Klementz and Ute Krudewagen - U.S. companies commonly offer one or more types of...


Judges and Judiciary

"First thing we do, let's kill all the judges." That is what some politicians want to do to the judiciary. Proposed ways to di...



Californians paid $5.4 billion dollars for youth and adult corrections in the budget year 2003-2004. The proposed expenditure ...


Law Practice, Constitutional Law

The idea of strict construction merits continued comment because it is the current president's litmus test for selecting Supre...



Insurance

Policy exclusions limit or take away coverage. Some exclusions address risks that an insurer wants to avoid (intentional injur...


Judges and Judiciary

Forum Column - By Erwin Chemerinsky - The U.S. Supreme Court under Chief Justice William Rehnquist will not be remembered as a...



Civil Litigation, Judges and Judiciary

State Revamps Numbering, Language of Discovery Act

May 19, 2005
By William Slomanson

On July 1, the California Civil Discovery Act - Code of Civil Procedure Sections 2016 through 2036 - is getting a facelift, th...


Intellectual Property

Just a few years ago, it was unusual for patents to make newspaper headlines - but times have changed. A small company is awar...



Judges and Judiciary

In certain quarters on the left and the right, it is conventional wisdom that everyone on George W. Bush's short list for the ...


Those with even a slight interest in punitive damages are aware of State Farm Mutual Auto Insurance Co. v. Campbell , 538 U. S...



Appellate Practice

Focus Column - Appellate Law - By Kathy M. Banke and David J. de Jesus - The "harmless error" rule sounds deceptively simple. ...


Environmental & Energy

Forum Column - By Jan Stevens - The suggestion that Congress exceeded its powers in enacting the Endangered Species Act is pro...



Judges and Judiciary

Attack On Courts Threatens Crucial Checks And Balances

Apr. 12, 2005
By Erwin Chemerinsky

Forum Column - Erwin Chemerinsky - The conservative attack on the courts is truly frightening and should be denounced by elect...


Q: When? A: The fall of 1964. Q: Where? A: Division 20, the misdemeanor master calendar court of the Los Angeles Municipal Court.