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Criminal

The Letter of the Law

May 29, 2009
By Craig E. Countryman

There are long-standing splits on what principles separate a criminal deprivation of one's "honest services" from a civil or e...


Insurance

A recent ruling addressing the Stringfellow Acid Pits process that insurance policies involving pollution clauses can get quit...


A New Information Superhighway

May 28, 2009
By Jennifer R. Bush

The Patent Prosecution Highway, a pilot program between the U.S. and Japan, was created to speed up prosecutions for internati...


Environmental & Energy

Gibson, Dunn & Crutcher lawyers dissect a U.S. Supreme Court Decision they say has both sharpened and added powerful arrow...


Intellectual Property

Keeping Up With Innovation

May 14, 2009
By Stuart Meyer

Taking the concept of transferability of intellectual property rights too far has the potential to cause problems. ...


Joseph H. Cooper finds lessons for these tough times in the Joad family saga from John Steinbeck's "The Grapes of Wrath." ...


Law Practice

Help Wanted

May 8, 2009
By Erwin Chemerinsky

Erwin Chemerinsky implores employed lawyers to help their colleagues who have been laid off because of the economic downturn.


Law Practice

Law's Prince of Darkness

May 8, 2009
By Robert L. Bastian Jr.

What Shakespeare had to say about law and language - language he largely shaped - applies today with extra force.


Judges and Judiciary

Justice Arthur Gilbert ponders how to go about getting various L.A. landmarks named after himself. ...


Judges and Judiciary, Books

More than just a how-to book, "Wearing the Robe" can instruct and inspire judges and lawyers, writes Judge Andrew Guilford. ...


Law Practice

Lawyers should take the time to survey whether they're getting all they can out of their careers. ...


California Supreme Court

Taking Initiative

Apr. 21, 2009
By Jon B. Eisenberg

The California Supreme Court should not determine the fate of Proposition 8 with a decision that treats ballot initiatives as ...


U.S. Supreme Court, Constitutional Law

Undermining Free Speech

Apr. 17, 2009
By Erwin Chemerinsky

A recent Supreme Court ruling creates a legal loophole whereby governments could engage in viewpoint discrimination. ...


Intellectual Property

Value on the Brain

Apr. 16, 2009
By John F. Stephens

At no time in history has valuing IP assets been so crucial, writes John F. Stephens. ...


Law Practice

The Language of Law

Apr. 15, 2009
By Robert L. Bastian Jr.

Lawyers must analyze words as much as legal concepts before deducing legal conclusion.


Environmental & Energy

A Return to Environmental Federalism?

Apr. 10, 2009
By Richard M. Frank

The early signs from the Obama administration seem promising for a new era of cooperative federalism in environmental policyma...


Questions will remain surrounding the many people who entered into same-sex marriages during the window when it was legal. ...


Appellate Practice

Staying Power

Apr. 6, 2009
By James C. Martin, David J. de Jesus

The right to appeal becomes a hollow one if counsel does not follow the correct protocol for obtaining a stay.


Law Practice

The Only Thing to Fear ...

Mar. 24, 2009
By Timothy A. Tosta

In a distressing economy, lawyers should walk a line between groundless optimism and paralyzing fear. ...


Insurance

A Genuine Pullback

Mar. 21, 2009
By Rex Heeseman

Recent decisions pulling back on the genuine dispute doctrine are an apparent response to insurers' over-utilization of this d...


Incarcerated prisoners offer a unique perspective on what fate should await pyramid schemer Bernard Madoff. ...


Civil Rights

What the ADA Didn't Fix

Mar. 12, 2009
By Michael Waterstone

It is an ideal time to reassess what can be done to keep more people with disabilities in the workforce. ...


Intellectual Property

Trolls 2.0

Mar. 12, 2009
By Stuart Meyer

In recent years we have seen the emergence of patent holding companies that market themselves as being different from the conv...


Law Practice

Overcoming 'Stickiness'

Mar. 2, 2009
By Timothy A. Tosta

Lawyers tend to be a demoralized, pessimistic bunch. But they don't have to be.


Judges and Judiciary

The Win Column

Feb. 27, 2009
By Robert S. Gerstein

While Justice Arthur Gilbert's judicial opinions are not devoid of humor, he gives far freer reign to his wit in his book "Und...


Appellate Practice

E-Notice Something?

Feb. 27, 2009
By Benjamin G. Shatz

Is e-mail really "mail" for the purposes of appellate filings? The courts are still sorting it out.


Labor/Employment, Civil Rights

Ladies' Fight

Feb. 26, 2009
By Konrad Moore

The Ledbetter Fair Pay Act is a good step forward, but a more noble solution involves implementing a social structure that eli...


International Law, Government

While the same-sex marriage battle continues to rage in California, a more general debate over gay rights is happening between...


Environmental & Energy

With Transparency Comes a More Efficient Government

Feb. 23, 2009
By Jeffrey Dintzer

Only time will tell if Obama's pledge to take FOIA requests seriously will be successful in the face of an entrenched bureaucr...


Tax, International Law

A Weapon of Mass Protection

Feb. 14, 2009
By Craig E. Countryman

The legal issues involved when a charitable donation ends up inadvertently supporting a terrorist organization can get thorny....