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In several respects, the leading case of Hamilton v. Maryland Casualty Co., 27 Cal.4th 718 (2002), demonstrates the val...


Family, Alternative Dispute Resolution

Focus Column - Family Law - By Franklin R. Garfield - Buzzwords are a pervasive feature of most verbal landscapes. Every disci...



Intellectual Property, Constitutional Law

The U.S. Constitution sets forth a federal system of sovereign states. It is common for states, through their universities and...


Labor/Employment

Closed Doors

Oct. 18, 2003
By Erwin Chemerinsky

Forum Column - By Erwin Chemerinsky - Slowly, insidiously, the courthouse doors are being closed to litigants. One way this is...



Judges and Judiciary

Criticizing Critics

Oct. 8, 2003
By Arthur Gilbert

A neighbor told me about a TV reality show he saw last week: "They showed you a real court with as many members as a football ...


U.S. Supreme Court, Civil Rights

See No Evil?

Sep. 26, 2003
By Erwin Chemerinsky

Proposition 54, the so-called Racial Privacy Initiative, is based on the misguided notion that ignorance is better than knowle...



Government

Forum Column - By Erwin Chemerinsky - In ordering a delay of the recall election in Southwest Voter Registration Education ...


Government

Recall Chaos Is Perverting Democracy

Sep. 10, 2003
By David A. Lash

Forum Column - By David A. Lash - In the 2000 presidential election, Vice President Al Gore got half a million more votes than...



MacKinnon v. Truck Insurance Exchange , 2003 DJDAR 9112 (Cal. Aug. 14, 2003), addressed the scope of the standard pollution ex...


Appellate Practice

'Palmer' Clarifies Valid Written Notice of an Entry of Judgment

Sep. 4, 2003
By James C. Martin , Benjamin G. Shatz

Focus Column - Appellate Law - By James C. Martin and Benjamin G. Shatz - Properly calendaring judgment-notwithstanding-the-ve...



Constitutional Law

In the Balance

Aug. 15, 2003
By Erwin Chemerinsky

Forum Column - By Erwin Chemerinsky - Every law student learns that the outcome of constitutional cases concerning individual ...


Criminal

'Mean Justice' Agenda Leads To Ethical, Fiscal Dead End

Aug. 12, 2003
By Robert L. Bastian Jr.

"Mean Justice" is the title of a book by Edward Humes about prosecutorial misconduct in Bakersfield. But it also is an apt des...



Alternative Dispute Resolution

Courts Struggle With Class Arbitration Questions

Aug. 1, 2003
By Lawrence Waddington

Paralleling congressional attempts to limit class actions legislatively, federal and state courts continue to struggle judicia...


Constitutional Law

Question of Time

Jul. 26, 2003
By Erwin Chemerinsky

Forum Column - By Erwin Chemerinsky - Judicial review is most important when legislatures enact laws that are overwhelmingly p...



Health Care & Hospital Law

Forum Column By David A. Lash The health care crisis is being played out in our courtrooms and streets, with two recent event...


Judges and Judiciary

Lead Balloon

Jul. 8, 2003
By Arthur Gilbert

It has been said that the only things certain are death and taxes. As is evident from my last several columns, I must add "err...



Labor/Employment

'Reynolds' Vindicates Principles of Corporate Law

Jun. 28, 2003
By Mark S. Pulliam

Forum Column - By Mark Pulliam and Brandt Schmidt - In a recent pro-business ruling, the 2nd District Court of Appeal rejected...


Judges and Judiciary

Finally Getting a Handle on Gun Control

Jun. 24, 2003
By David A. Lash

Forum Column - By David A. Lash - Los Angeles County Sheriff Lee Baca barely could hold the 50 mm assault weapon in his outstr...



Constitutional Law

Torture Tactics

Jun. 21, 2003
By Erwin Chemerinsky

Forum Column - By Erwin Chemerinsky - Constitutional rights have little meaning if they are not enforceable. The U.S. Supreme ...


Judges and Judiciary

'Sanchez-Scott' Decision Is Hardly Lapse in Judgment

Jun. 14, 2003
By Lawrence Waddington

Forum Column - By Lawrence C. Waddington - Against the recommendations of Sens. Dianne Feinstein and Barbara Boxer, the Senate...



Family, Alternative Dispute Resolution

Unite to Divide?

Jun. 12, 2003
By Franklin R. Garfield

Forum Column - By Franklin R. Garfield - In "Collaborative Divorce Plan Provides Separation Skills" (Forum, April 14), Ron M. ...


Law Practice

Despite Iraq Victory, Bush's Policies Lead America Astray

Jun. 10, 2003
By Robert L. Bastian Jr.

President Bush arguably made the correct decision to invade Iraq. Nevertheless, his leadership in foreign affairs does not mer...



Administrative/Regulatory

Improper Fidelities

Jun. 10, 2003
By Joel A. Davis

Forum Column - By Joel A. Davis - A funny thing happened on the way to the U.S. Supreme Court in the case of Medical Board...


Judges and Judiciary

Forum Column - By David A. Lash and Mitchell A. Kamin - Over the past several years, the Judicial Council of California has se...



Civil Litigation

While most litigators are familiar with the limitations on jury awards for noneconomic damages in medical-malpractice cases, f...


Judges and Judiciary

Mere Mortals

Jun. 3, 2003
By Arthur Gilbert

Like a river, a theme runs through my last several columns. It is the painful but important recognition that judges, like all ...



Law Practice

Forum Column - By Carole E. Handler, Jeffrey A. Tidus and David A. Lash - In Nazi-occupied Europe during World War II, justice...


Corporate

Adviser Column - Foreign Entities - By Debra C. Scheufler - Many foreign business entities, both corporations and limited liab...



Constitutional Law

Cross Talk

May 16, 2003
By Erwin Chemerinsky

Forum Column - By Erwin Chemerinsky - Few symbols are so vile as the burning cross. Throughout American history, bigots have u...


Law Practice

America's Judiciary Preserves Democracy

May 16, 2003
By David A. Lash

Forum Column - By David A. Lash - Mario Cuomo spoke in Los Angeles recently. He said that U.S. foreign policy would be best se...