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Law Practice

I joined Michael Schiavo's legal team last month, after having represented a group of bioethicists who had previously supporte...


Alternative Dispute Resolution

Drafting arbitration agreements no longer warrants copying a form or using boilerplate language in commercial contracts. And "...



Criminal

Dark Tales May Lie Beneath 'Outrageous' Prisoner Claims

Mar. 31, 2005
By Robert L. Bastian Jr.

What is otherwise a dry subject - technical analysis of statutorily imposed administrative exhaustion requirements in a prison...


Bankruptcy

Forum Column - By David A. Lash - Like so many others, she walked into a legal services office afraid, not knowing where to tu...



Judges and Judiciary

Forum Column By Judith Daar The legal machinations over the case of Terri Schiavo, the Florida woman who has languished in a ...


Insurance

An insurer occasionally asserts the policyholder made a material misrepresentation or concealed a material fact in applying fo...



Administrative/Regulatory

Forum Column - By Ashutosh Bhagwat - This month, Michael K. Powell will step down from his position as chairman of the Federal...


U.S. Supreme Court, Constitutional Law

Focus Column - Land Use Law - By Stuart Miller - On Feb. 22, the U.S. Supreme Court heard oral argument in Lingle v. Chevron U...



Administrative/Regulatory

State Law Must Reflect Fatal Dangers of Police Car Chases

Mar. 17, 2005
By Robert L. Bastian Jr.

The law does not tolerate police unreasonably shooting across a school yard to stop a fleeing suspect. Why should it tolerate ...


Judges and Judiciary

Citing Foreign Law Sparks Unnecessary Bruhaha

Mar. 16, 2005
By Erwin Chemerinsky

Forum Column - By Erwin Chemerinsky - Perhaps the silliest debate now going on is whether it is appropriate for American court...



Entertainment & Sports

The Feb. 14 decision in Yoo v. Robi, 2005 DJDAR 1983, is the latest action in a generations-old practice of compromisin...


Criminal

Lack of Federal Court Review Enables Prison Mismanagement

Mar. 5, 2005
By Robert L. Bastian Jr.

The latest U.S. Supreme Court case to address prison violence, Johnson v. California , 2005 DJDAR 2118, concerns an inmate's c...



Judges and Judiciary

For many years now, I have had this suspicion that things are not what they seem to be. This troubling suspicion I had stuffed...


Real Estate/Development, Government

Forum Column - By Michael M. Berger - California lawmakers have done a lot of talking about the state's housing shortage witho...



Labor/Employment

As the debate over Lawrence Summers' remarks keeps building and building, I confess to feeling a strange thrill.


Administrative/Regulatory

Forum Column - By Erwin Chemerinsky - A recent 9th U.S. Circuit Court of Appeals decision, United States v. Afshari , 392 F.3d...



Judges and Judiciary

I recently had a birthday. It wasn't a good one. It came at the same time of the year as all the others. I guess it wasn't all...


Applying Islamic law, Saudi Arabian authorities periodically cut off the hands of thieves. To most Americans, the practice is ...



Appellate Practice

Focus Column - Land Use Law - By Benjamin G. Shatz - Each new year, federal appellate practice changes as the courts adopt new...


Insurance, Contracts

What is the state Supreme Court's current big-picture view of torts? In other words, should the law encourage or discourage ce...



Judges and Judiciary

Justices Create Confusion in Sentencing by Declaring Guidelines Advisory

Jan. 19, 2005
By Erwin Chemerinsky , Laurie L. Levenson

Forum Column - By Erwin Chemerinsky, Laurie Levenson and Neil Siegel - The U.S. Supreme Court's decision in United States v. B...


Judges and Judiciary

Forum Column - By Rory K. Little - Two days ago, a five-justice majority of the U.S. Supreme Court ruled in United States v. B...



Judges and Judiciary

There Are Federal Judges Who Won't Compromise Inmates' Rights

Jan. 14, 2005
By Robert L. Bastian Jr.

There are so many instances of federal courts disregarding meritorious prisoner rights claims, especially those brought by inm...


Judges and Judiciary

Paternity Ruling Shows Judicial Restraint About Mix-Up at Fertility Clinic

Jan. 11, 2005
By Paul D. Fogel , David J. de Jesus

Forum Column - By Paul D. Fogel and David DeJesus - As we face the prospect of a U.S. Supreme Court vacancy, the subject of ju...



Civil Rights

The reaction to UCLA professor Richard H. Sander's recent study of preferential university admission is freighted with more em...


Forum Column - By David Lash - The Bill of Rights is basically an anti-democratic document. And for that reason, it has done m...



Administrative/Regulatory

Focus Column - Administrative Law - By Jennifer R. Bush - For the past five years, and arguably longer, the U.S. Court of Appe...


Judges and Judiciary

We Should Make Sure Words We Choose Are Our Own

Dec. 4, 2004
By Arthur Gilbert

Many people fondly remember Sen. S.I. Hayakawa, though such memories do not concern any significant legislation. ...



Labor/Employment

Employment Column - By Mark E. Terman - For years, employment lawyers have been advocates for training supervisors as a practi...


Law Practice

Franco Zefferelli's recent movie, "Callas Forever," is primarily about artistic integrity. But it offers deeper insight and le...