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Appellate Practice

Pride and Prejudice

Dec. 27, 2008
By Benjamin G. Shatz

A recent 9th Circuit case addresses federal appellate jurisdiction in the tricky area of voluntary dismissals, write Benjamin ...


Ghosts of the Past, Visions of the Future

Dec. 25, 2008
By Joseph H. Cooper

Prison inmates who read Charles Dickens' "A Christmas Carol" as part of an outreach class began to recall some of their own gh...


Law Practice

It's a Small World

Dec. 24, 2008
By Robert L. Bastian Jr.

Model trains, toy soldiers -- perhaps the season's tendency toward minitiaturization reveals something deeper. ...


Environmental & Energy

The Gold Standard for Green

Dec. 23, 2008
By Richard M. Frank

Amid recent reports of political corruption, budget deficits and ineffective financial regulation, the Air Resources Board's i...


Insurance

Smoke Signals

Dec. 19, 2008
By Rex Heeseman

The Supreme Court's latest go-round with a case against Philip Morris leaves the laws regarding punitive damages in flux.


Government

Spin City

Dec. 16, 2008
By Erwin Chemerinsky

The dispute between the Los Angeles city attorney and the city controller might seem like inside baseball, but it is actually ...


Civil Rights

Among his many challenges, President-elect Barack Obama should work to ensure access and civil rights protections for the disa...


Mediation Confidential

Dec. 3, 2008

If it's not broke.


Government, Constitutional Law

Can Obama Bring Us Back From the Dark Side?

Nov. 22, 2008
By Erwin Chemerinsky

One of President-elect Barack Obama’s first actions must be to change course and to repudiate the Bush administration’s polici...


Appellate Practice

Time Trials

Nov. 21, 2008
By Benjamin G. Shatz

Careful practitioners should calculate appellate deadlines arising from all possible scenarios or interpretations and file at ...


U.S. Supreme Court, Constitutional Law, Civil Rights

Crossing Out Rights

Nov. 21, 2008
By Robert L. Bastian Jr.

It remains a legal mystery why church doctrine or authority should ever shade an individual's fundamental right. ...


Judges and Judiciary

Judge of Character

Nov. 14, 2008
By William Domnarski

The appointments of federal judges are what most define a president and represent his most enduring contribution — either good...


Law Practice, Government

A Reversal of Fortunes

Nov. 4, 2008
By Robert L. Bastian Jr.

Our accumulated economic history of the past half century has subtle, but significant consequences for labels in law.


Con Jobs

Nov. 1, 2008
By Joseph H. Cooper

For those recently or about-to-be released from prison, job opportunities increase the will to resist the temptations — and av...


Securities, Corporate

The SEC Sheds Light on Enforcement Procedures

Nov. 1, 2008
By Thomas A. Zaccaro

The Securities and Exchange Commission, the federal agency that regulates corporate transparency, now has provided some transp...


Civil Litigation

Keeping the Courthouse Door Open to Everyone - This Time

Oct. 23, 2008
By Rochelle Bobroff, Ian Millhiser

By applying one standard to low-income families, and another to the Republican Party, the 6th Circuit employed an unconscionab...


Insurance

Two recent cases will make some judges think at least twice before granting an insurer's summary motion, let alone a demurrer.


U.S. Supreme Court

War of the Words

Oct. 16, 2008
By Erwin Chemerinsky

An upcoming case on the Supreme Court's docket potentially provides the court with the occasion to bring First Amendment law c...


Law Practice, Government

Questioning Rhetoric

Oct. 16, 2008
By Robert L. Bastian Jr.

This election's candidates who are trained as lawyers have better used their skills to appropriately define issues and marshal...


Permitting the prosecution to adopt a label that rightfully includes those very "people" charged with deciding the case risks ...


Environmental & Energy, California Supreme Court

A Public Trust Renaissance

Oct. 7, 2008
By Richard M. Frank

The public trust doctrine, a cornerstone of modern environmental law in California, has been relatively quiescent in recent ye...


Judges and Judiciary

A Hollywood Ending?

Oct. 2, 2008
By Arthur Gilbert

The state Supreme Court had an easy opportunity to set a high standard for attorney conduct, and muffed it badly.


U.S. Supreme Court

An Important Term to Come

Oct. 1, 2008
By Erwin Chemerinsky

Guns and Guantanamo are so last term. Here's what's on the horizon for the U.S. Supreme Court's October 2008 term.


Government, Administrative/Regulatory

Lawyers Were Never the Problem

Sep. 25, 2008
By Robert L. Bastian Jr.

Entirely unregulated markets have resulted in a form of big-government socialism beyond would-be regulators' wildest dreams. T...


Constitutional Law

The Business of Pre-Emption

Sep. 18, 2008
By Erwin Chemerinsky

The Supreme Court is clearly giving little weight to its oft-stated presumption against finding pre-emption, writes Erwin Chem...


Family, Alternative Dispute Resolution

Settling the Score

Sep. 17, 2008
By Franklin R. Garfield

Since over 90 percent of all family law cases eventually settle, there is something to be said for trying to get it right the ...


Forget about criminologists and penologists. In considering how to deal with Sept. 11 conspirators, consult convicts, writes J...


Judges and Judiciary

Taking It Personally

Sep. 12, 2008
By Arthur Gilbert

Antonin Scalia's dissent in this year's Guantanamo ruling was disturbing because of its accusation that the majority has harme...


Judges and Judiciary

The recent news that George Schiavelli announced he was leaving the district bench,helps illustrate the paradox that, in a tim...


Law Practice

The Vice Contest: Pick Your Poison

Sep. 6, 2008
By Robert L. Bastian Jr.

In law, a party that doesn't want the evidence examined has something to hide, Robert Bastian writes. ...