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Law Practice, Ethics/Professional Responsibility

Bloggers Beware

Mar. 25, 2010
By Wendy L. Patrick

Wendy Patrick of the San Diego District Attorney's Office concludes her exploration of ethical and legal issues in the realm o...


Law Practice, Ethics/Professional Responsibility

Choose Your 'Friends' Carefully

Mar. 24, 2010
By Wendy L. Patrick

In the age of electronic communication and social networking, attorneys must be aware of their ethical responsibilities, write...


Insurance

New Standards for Punitive Damages?

Mar. 23, 2010
By Rex Heeseman

Judge Rex Heeseman asks whether concepts such as "arbitrary" will have force in the world of punitive damages. ...


Criminal

Staff Layoffs: The Wrong Solution

Mar. 23, 2010
By Louis J. Shapiro

Learn why the recent layoff of court staff is the wrong approach to alleviating the budgetary deficit. ...


Labor/Employment

'Dressing Up' Gender Stereotypes

Mar. 20, 2010
By Charlotte Fishman

Charlotte Fishman of Pick Up the Pace says courts should know better than to green light gender stereotypes "dressed up" as fo...


Alternative Dispute Resolution

'Puff, the Magic Dragon:'Binding Mediation

Mar. 20, 2010
By A. Marco Turk

Binding mediation, a hybrid ADR approach, is based on a misunderstanding of mediation's true nature. ...


Constitutional Law

Pledging Allegiance To God

Mar. 17, 2010
By Stephen F. Rohde

Stephen Rohde of the ACLU says religion can thrive without indoctrinating children in public schools to espouse religious beli...


Civil Litigation, Appellate Practice

Untangling the Web: Motions for Reconsideration

Mar. 11, 2010
By James C. Martin, Wendy S. Albers

James Martin and Wendy Albers of Reed Smith provide guidance on when to file a motion for reconsideration, its implications an...


Alternative Dispute Resolution

Hired Guns Not Wanted

Mar. 6, 2010
By A. Marco Turk

Marco Turk of Cal State Dominguez Hills introduces "collaborative lawyering," which requires the parties and their lawyers to ...


Government

The Torture Memo John Yoo Should Have Written

Mar. 3, 2010
By Stephen F. Rohde

Stephen Rohde of the ACLU comments on the finding that John Yoo committed professional misconduct and exercised poor judgment ...


Law Practice

Why Are People Racist?

Mar. 3, 2010
By Andrew J. Guilford

Judge Andrew Guilford examines the issue of changing values in Justice Eileen Moore's book, "Race Results, Hollywood vs. the S...


Law Practice

Inadvertent Disclosure

Mar. 2, 2010
By Timothy D. Reuben


Judges and Judiciary

Coming Up Short

Mar. 2, 2010
By Arthur Gilbert

Since it's easy to make mistakes about what we observe, Presiding Justice Arthur Gilbert of the 2nd District suggests another ...


Family, Alternative Dispute Resolution

Can Divorce Mediators Be Sued?

Feb. 27, 2010
By Franklin R. Garfield

Family lawyer and mediator Franklin Garfield examines the application of quasi-judicial immunity in the practice of mediation....


Appellate Practice

Mysteries Of the Writ

Feb. 27, 2010
By Myron Moskovitz

Myron Moskovitz of Golden Gate University concludes his series on petitions for writ by offering tips on how to make your peti...


Appellate Practice

Mysteries of the Writ

Feb. 25, 2010
By Myron Moskovitz

Myron Moskovitz of Golden Gate University illustrates how a petition for writ can be your ticket into the appellate court of y...


Criminal

Miranda Under Attack

Feb. 25, 2010
By Konrad Moore

Konrad Moore of the Kern County Public Defender's Office considers the issue of reading Miranda rights to suspects in terroris...


U.S. Supreme Court, Constitutional Law

Terrorism Law, the New McCarthyism

Feb. 23, 2010
By Stephen F. Rohde

Constitutional lawyer Stephen Rohde says terrorism law uses guilt by association to punish lawful activities. ...


Alternative Dispute Resolution

The Silent War Between Arbitration or Mediation

Feb. 20, 2010
By A. Marco Turk

Marco Turk of Cal State Dominguez Hills discusses the undercurrent of resentment and opposition to mediation as the ADR proces...


U.S. Supreme Court, Constitutional Law

The Implications of Citizens United

Feb. 19, 2010
By Erwin Chemerinsky

Erwin Chemerinsky of UCI School of Law explores the far-reaching implications of Citizens United v. Federal Election Commis...


Appellate Practice

The Mysteries of Writs

Feb. 18, 2010
By Myron Moskovitz

Myron Moskovitz of Golden Gate University presents the first in a four part series on how to win a writ. ...


Law Practice

How Litigious Are Shakespeare's Sonnets?

Feb. 17, 2010
By Robert L. Bastian Jr.

Robert Bastian of Bastian & Dini peels back the layers of legal imagery in William Shakespeare's sonnets. ...


Mixed Motives in Discrimination Cases

Feb. 11, 2010
By D. Gregory Valenza

D. Gregory Valenza of Shaw Valenza discusses the mixed-motive defense in cases alleging employer discrimination. ...


Alternative Dispute Resolution

Confidentiality: Is It or Isn't It?

Feb. 6, 2010
By A. Marco Turk

While confidentiality is said to be the backbone of mediation, there is no guarantee of such confidentiality. ...


Judges and Judiciary

My CourtroomIs Not Dark

Feb. 2, 2010
By Arthur Gilbert

Justice Arthur Gilbert of the 2nd District Court of Appeal reflects on a friendship that began with a lawsuit over ownership o...


Law Practice

Debt, Taxes and the American Way

Jan. 30, 2010
By Konrad Moore

Concerns that the country is going to hell in a handbasket are overblown. ...


Government, Constitutional Law

Enough With the 'Judicial Activism' Shtick

Jan. 27, 2010
By Gideon Kanner

Gideon Kanner of Loyola Law School comments on the view that the recent campaign finance ruling is an act of 'judicial activi...


Government

Guantanamo: Obama's Unfinished Agenda

Jan. 22, 2010
By Stephen F. Rohde

Today marks the one-year deadline on which the President vowed to close Guantanamo, Stephen Rohde of the ACLU comments on why ...


Alternative Dispute Resolution

Are We Really Talking About 'Mediation'?

Jan. 19, 2010
By A. Marco Turk

Marco Turk of Cal State Dominguez Hills says failure to distinguish between settlement conferences and true mediation raises e...


Labor/Employment

Preventing Employment Claims

Jan. 14, 2010
By William M. Crosby

William Crosby of Barnes Crosby says the high rate of workplace claims is due to employers who fail to impose proper personnel...