The failure to prosecute those suspected of violating the law through torture will embolden other parties to the Convention Ag...
Is a clerical error like a misspelled name enough to warrant extending the time to file a notice of appeal, ask Benjamin G. Sh...
Both sides in insurance bad faith litigation need to continue monitoring developments to the genuine dispute doctrine. ...
U.S. Supreme Court, Criminal, Constitutional Law
Not a Minimalist Court
By Erwin Chemerinsky
Contrary to claims that the Roberts court is a minimalist one, many of the criminal cases tackled this term showed unnecessary...
What if, instead of lawyers as vultures, we thought of lawyers as Aikidoists, asks Timothy Tosta. ...
Using self-determination in mediations, parties design their own outcome and its enforceability. ...
The death of the world's oldest woman to give birth prompts more uncertainty about the math surrounding infertility treatment,...
Since the beginning of the year, five appellate decisions have addressed employer policies on tip redistribution. ...
If lawyers can write bestselling novels and win reality television shows, surely they can file a notice of appeal on time.
Judges' work is not pretty and usually involves ferreting out meaning from perplexing statutes. ...
After years of relative judicial inactivity, the implied covenant has recently resurfaced. ...
Civil Rights
Obama Should Seize on New Revelations of Illegal Spying
By Stephen F. Rohde
A new report details unprecedented surveillance by Bush officials far beyond warrantless wiretapping, writes Stephen F. Rohde.
The Supreme Court is a small group and decisions are often a result of interpersonal relations and individual persuasiveness, ...
Judicial confirmations fail to tell us what we really need to know, writes William Domnarski.
Meditation can help put the stresses of litigation into perspective.
Field Work
By Myron Moskovitz
A lawyer reminisces about his experience in the 1960s opening up an office for California Rural Legal Assistance, where he fou...
As the state Supreme Court celebrates its 160th birthday, Benjamin G. Shatz outlines the myriad ways a case can wind up before...
One victim of abusive treatment at the hands of U.S. officials is taking the law into his own hands, writes Stephen Rohde.
Incarcerated Fathers Prepare to Be Paroled Into Parenthood
By Joseph H. Cooper
As Father's Day approaches, Joseph Cooper shares prisoners' insights about making up time to their kids.
Civil Litigation
Ruling Makes It Too Easy to Serve Foreign Corporations
By Erin L. Burke, Erik C. Swanholt
Making it easy for plaintiffs to drag international entities into state court will bring foreign investment down even more, wr...
Climate change promises to exacerbate the disputes over property rights in coastal areas.
Under the pressures of judicial questioning, lawyers too often fail to stop and think during oral arguments, writes Benjamin G...
Litigation Might Be Evolving at the Expense of Vulnerable Clients
By Rafael Chodos
Litigation has become a full-blown industry - so what does that mean for the vulnerable clients who need sound legal advice, a...
It is now settled that only the named plaintiffs asserting a representative Unfair Competition Law claim are required to meet ...
"Libel tourism" - when suits are filed in plaintiff-friendly Britain - is a direct threat to Americans' right of free speech, ...
It remains a mystery why a 2nd Circuit panel that includes Judge Sonia Sotomayor has yet to rule on an important environmental...
Some of the upcoming significant U.S. Supreme Court decisions on punitive damages will focus on jury instructions. ...
Keeping close tabs on your physical well-being can actually make you a better lawyer. ...
The state high court was right to preserve the class action as a crucial device for remedying harms suffered by large numbers ...
California Supreme Court
Point: Class Action Satisfaction
By Jeffrey A. LeVee, Christopher J. Lovrien
The California Supreme Court's decision in In re Tobacco II Cases destroys Proposition 64 even as it purports to implem...