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U.S. Supreme Court, Administrative/Regulatory

The U.S. Supreme Court will consider whether to overturn its landmark 1978 ruling on indecency, FCC v. Pacifica Foundation.


U.S. Supreme Court, Constitutional Law

Protecting the rich in the election system

Jul. 14, 2011
By Erwin Chemerinsky

The U.S. Supreme Court conservative majority makes clear their desire to protect the influence of the wealthy in the election ...


Government

Is Obama creating 'floating Guantanamos?'

Jul. 13, 2011
By Stephen F. Rohde

The capture of a Somali citizen by the U.S. government on terrorist charges spotlights the dangers of hidden detention. ...


U.S. Supreme Court, Criminal, 9th U.S. Circuit Court of Appeals

The Reason Behind the 9th Circuit's High Reversal Record

Jul. 12, 2011
By Lawrence Waddington

The U.S. Supreme Court rejects the 9th Circuit's relentless evasion of the Anti-Terrorism and Effective Death Penalty Act. ...


Law Practice, Ethics/Professional Responsibility

The State Bar's imposition of an interim suspension can effectively put an attorney out of business. ...


Judges and Judiciary

The delicate balance between judicial restraint and First Amendment rights. ...


Books, Appellate Practice

Understanding the role of attorneys in the appellate process is the first step to protecting your case at the trial court level.


U.S. Supreme Court, Intellectual Property

US Supreme Court Confuses Patent Infringement Law

Jul. 7, 2011
By Craig E. Countryman

A recent decision will create confusion about what is required to trigger liability for patent infringement. ...


Constitutional Law

When it comes to minors' access to violent video games, parents and the $10 billion video game industry get to make the call.


Making inadvertent discovery disclosures of privileged material to opposing counsel has its consequences. ...


Banking

A Primer for Lawyers on Check Issues

Jul. 1, 2011
By Jill Switzer

Everything you need to resolve your banking issues starts with taking a closer look at the check. ...


Government

Let’s Privatize Some of the Bureaucracy

Jun. 30, 2011
By James P. Gray

Governments lack incentive to complete tasks in a manner that saves time and expense for all those involved.


Law Practice

Pay It Forward: Transgression and Atonement

Jun. 30, 2011
By Timothy A. Tosta

Life simply gets better when you learn how to make amends. ...


Insurance

Another Twist for Punitive Damages?

Jun. 29, 2011
By Rex Heeseman

Appellate courts step up their monitoring of punitive damages awards. ...


U.S. Supreme Court, Environmental & Energy

American Electric Power Inc. v. Connecticut could have been far more damaging to those pursuing climate change litigation in f...


Judges and Judiciary, Criminal

Mental Competence to Stand Trial in Felony Cases

Jun. 28, 2011
By Maria E. Stratton

The process used to determine whether a person is competent in felony cases. ...


Law Practice, Ethics/Professional Responsibility

Know thy adversary - what the State Bar considers when deciding to close an inquiry or investigation. ...


Alternative Dispute Resolution

Acknowledging and examining a party's feelings of guilt can clear the air for a successful mediation.


Alternative Dispute Resolution

If you rely on mediators to help you settle cases, read this.


Government, Constitutional Law

Taking Care of Our Wounded Warriors

Jun. 22, 2011
By Michael Waterstone

Congress and various presidents have only paid lip service to protecting our veterans.


Questioning children on which parent they want to live with will do more harm than good.


U.S. Supreme Court

Unanimously Wrong

Jun. 15, 2011
By Erwin Chemerinsky

U.S. Supreme Court unanimously allows government to arrest persons on pretext of being a material witness. By Erwin Chemerinsk...


Civil Litigation, Law Practice

Practice tips on how to plan and deliver your closing argument. ...


Law Practice, Ethics/Professional Responsibility, Discipline

I got a State Bar letter

Jun. 14, 2011
By Diane L. Karpman

Your integrity and moral character have been attacked, how do you set the record straight? ...


Alternative Dispute Resolution

How to convince parties to a lawsuit that their version of the facts and law is not the only possible version.


Contracts

Who Can Enforce a Contract?

Jun. 10, 2011
By Dan Jacobson

In the practice of contract litigation, stark and simple facts rarely present themselves. By Dan Jacobson of Pacific West Coll...


Law Practice

Do Titles Matter: The Democratic Address

Jun. 7, 2011
By Arthur Gilbert

How we spread the illusion of equality in the way we address one another. ...


When it comes to electronically stored information, it is never too early to develop a discovery plan with your client. ...


Labor/Employment, Alternative Dispute Resolution

A recent investigation into Yale University's policy for sexual harassment and sexual assault claims highlights a split of aut...


Government

The City of Goleta: Home of the Free Lunch

Jun. 3, 2011
By Gideon Kanner

A city's rent control ordinance produces just the result it was meant to prevent - rent gouging of low-income tenants. ...