U.S. Supreme Court, Administrative/Regulatory
Will a landmark ruling on broadcast indecency be destroyed by the f-bomb?
By John F. Stephens
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
By Erwin Chemerinsky
The U.S. Supreme Court conservative majority makes clear their desire to protect the influence of the wealthy in the election ...
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
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
A scarlet letter - interim suspension following a criminal conviction
By Diane L. Karpman
The State Bar's imposition of an interim suspension can effectively put an attorney out of business. ...
Judges and Judiciary
On Another Note: A Justice's Lament Over Judicial Restraint
By Arthur Gilbert
The delicate balance between judicial restraint and First Amendment rights. ...
Books, Appellate Practice
Successfully Protect Your Case at the Trial Court Level
By Donna Bader
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
By Craig E. Countryman
A recent decision will create confusion about what is required to trigger liability for patent infringement. ...
Constitutional Law
First Amendment Protects Violent Video Games ... for Now
By Stephen F. Rohde
When it comes to minors' access to violent video games, parents and the $10 billion video game industry get to make the call.
Civil Litigation
E-Discovery: When 'Sneak-a-Peek' May Result in Disqualification of Counsel
By A. Marco Turk
Making inadvertent discovery disclosures of privileged material to opposing counsel has its consequences. ...
Everything you need to resolve your banking issues starts with taking a closer look at the check. ...
Governments lack incentive to complete tasks in a manner that saves time and expense for all those involved.
Life simply gets better when you learn how to make amends. ...
Appellate courts step up their monitoring of punitive damages awards. ...
U.S. Supreme Court, Environmental & Energy
US Supreme Court Rejects States' Climate Change Nuisance Lawsuit
By Richard M. Frank
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
By Maria E. Stratton
The process used to determine whether a person is competent in felony cases. ...
Law Practice, Ethics/Professional Responsibility
Now that I've gotten a State Bar letter, what's next?
By Diane L. Karpman
Know thy adversary - what the State Bar considers when deciding to close an inquiry or investigation. ...
Alternative Dispute Resolution
I Feel Stupid, Oh So Stupid: The Effects of Remorse on the Mediation Process
By Robert S. Mann
Acknowledging and examining a party's feelings of guilt can clear the air for a successful mediation.
Alternative Dispute Resolution
How to Undermine the Mediation Process Without Really Trying
By Michael H. Leb
If you rely on mediators to help you settle cases, read this.
Government, Constitutional Law
Taking Care of Our Wounded Warriors
By Michael Waterstone
Congress and various presidents have only paid lip service to protecting our veterans.
Family
Good Concept, Bad Outcome: New Law Allows Children to Testify About Custody Preferences
By Mitchell A. Jacobs, Navid Moshtael
Questioning children on which parent they want to live with will do more harm than good.
U.S. Supreme Court unanimously allows government to arrest persons on pretext of being a material witness. By Erwin Chemerinsk...
Civil Litigation, Law Practice
Professional Tools for Litigators: Closing Arguments
By James P. Gray
Practice tips on how to plan and deliver your closing argument. ...
Law Practice, Ethics/Professional Responsibility, Discipline
I got a State Bar letter
By Diane L. Karpman
Your integrity and moral character have been attacked, how do you set the record straight? ...
Alternative Dispute Resolution
The Facts, They Aren’t a-’Changing: What Songwriters Understand About Mediation
By Robert S. Mann
How to convince parties to a lawsuit that their version of the facts and law is not the only possible version.
In the practice of contract litigation, stark and simple facts rarely present themselves. By Dan Jacobson of Pacific West Coll...
How we spread the illusion of equality in the way we address one another. ...
Civil Litigation
E-Discovery: Why Not Mediate the Process to Satisfy the 'Meet and Confer’ Requirement?
By A. Marco Turk
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
Litigating Peer Harassment Claims Against Educational Institutions
By Michael H. Leb
A recent investigation into Yale University's policy for sexual harassment and sexual assault claims highlights a split of aut...
A city's rent control ordinance produces just the result it was meant to prevent - rent gouging of low-income tenants. ...