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Civil Rights

Lesson in Equality

Dec. 21, 2002
By Erwin Chemerinsky

Forum Column - By Erwin Chemerinsky - Few issues are more controversial or divisive than affirmative action. Opponents of affi...


Law Practice

Providing Equal Justice for Voiceless

Dec. 20, 2002
By Erwin Chemerinsky

Forum Column - By Erwin Chemerinsky, Daniel Grunfeld and David Lash - "Equal justice under law" may be carved into the granite...



The landmark employment case of Foley v. Interactive Data Corp. , 47 Cal.3d 654 (1998), examined the availability of a ...


U.S. Supreme Court, Law Practice, Constitutional Law

Idea Diversity

Dec. 13, 2002
By Robert L. Bastian Jr.

Now that the U.S. Supreme Court, as widely anticipated, has agreed to hear Grutter v. Bollinger, a rejected white applicant's ...



Constitutional Law

Medipot Haze

Nov. 22, 2002
By Erwin Chemerinsky

Forum Column - By Erwin Chemerinsky - The hypocrisy of conservatives when it comes to federalism is well illustrated by the Ju...


Law Practice

Jewish, African-American Groups Need Each Other

Nov. 22, 2002
By David A. Lash

Forum Column - By David A. Lash - "Sandy Koufax: A Lefty's Legacy," Jane Leavey's new book on the Dodger pitching legend, remi...



Civil Rights

They Came for the Muslims, and I Didn't Speak Up

Nov. 21, 2002
By Stephen F. Rohde

Forum Column - By Stephen Rohde - First they came for the Muslims, and I didn't speak up because I wasn't a Muslim. The USA PA...


Not So Simple

Nov. 5, 2002
By Jeff Kichaven

Focus Column - Alternative Dispute Resolution: Pro & Con - Pro by Jeff Kichaven - Con by Robert S. Mann ...



Focus Column - Business Law - By Lawrence C. Waddington - The Specht court chose to rely on venerable rules of contract...


Judges and Judiciary

Staying Power

Oct. 28, 2002
By Arthur Gilbert

In less than three months, I will be slipping another card into my wallet. The card is thin and barely registers on a postal s...



Labor/Employment

Who is entitled to attorney fees when statutes conflict with contracts? The answer may surprise some. Under a typical employme...


Immigration

Gilded Cage

Oct. 18, 2002
By Erwin Chemerinsky

Forum Column - By Erwin Chemerinsky - Secret adjudicatory proceedings, whether in a court or an administrative setting, are in...



Civil Rights

An Unrivaled Model of Empathy

Oct. 18, 2002
By David A. Lash

Forum Column - By Wally Knox and David A. Lash - California has been a national leader in the fight to secure justice for Holo...


Constitutional Law

See No Evil

Sep. 27, 2002
By Erwin Chemerinsky

Forum Column - By Erwin Chemerinsky - On Sept. 13, the 9th U.S. Circuit Court of Appeals upheld a federal law that prohibits t...



International Law, Government

Kosovo is the only area in the world being governed by an international organization. Under U.N. Security Council Resolution 1...


Law Practice

Classroom Discussion Defines Americanism

Sep. 19, 2002
By David A. Lash

Forum Column - By David A. Lash - Sept. 11 brought out the best in many of us. It certainly brought out the best in a number o...



Alternative Dispute Resolution

Awaiting Davis' Stamp of Approval

Sep. 18, 2002
By Gloria R. Allred, Robert T. Olmos

Forum Column - By Gloria Allred and Robert Tomás Olmos - The myriad of legal issues surrounding arbitration poses "one of the ...


Constitutional Law

Carrying On

Sep. 11, 2002
By Erwin Chemerinsky

Terror and the Law - Forum Column - By Erwin Chemerinsky - Throughout American history, whenever there has been a serious cris...



Judges and Judiciary

Splintered Meaning

Sep. 10, 2002
By Arthur Gilbert

In my last column, we talked briefly about Shaquille O'Neal's response to a question last season about what it would take for ...


Judges and Judiciary

Toppling Rights

Sep. 5, 2002
By Robert L. Bastian Jr.

There is no area in which the individual predilection of judges more consistently subverts the rule of law, common sense and b...



Once upon a time, "ambiguity" was king in California with respect to interpreting an insurance policy. But now, "context" is k...


Judges and Judiciary

Bridging the Gap

Aug. 23, 2002
By David A. Lash

Forum Column - By David A. Lash - It is time to ensure that the judicial branch of our democracy exalts responsiveness over pa...



Intellectual Property

In 1989, the U.S. Supreme Court issued a landmark opinion that clarified a very important issue in copyright law: Who owns the...


Judges and Judiciary

Politicizing Judicial System

Aug. 17, 2002
By Erwin Chemerinsky

Forum Column - By Erwin Chemerinsky - Although many disagree about the First Amendment, no one denies that political speech is...



Law Practice

Breaking Public Access

Aug. 13, 2002
By Hiram Torres

Forum Column - By Hiram Torres - A new piece of legislation that likely will substantially restrict public access to certified...


Labor/Employment

The idea that a defendant is not allowed to conduct discovery before class counsel files a motion for class certification soun...



Constitutional Law

Genuine Patriotic Worship

Jul. 19, 2002
By David A. Lash

Forum Column - By David A. Lash - The answer to the uproar over the 9th U.S. Circuit Court of Appeal's Pledge of Allegiance de...


Insurance

More than a decade ago, California courts began to summarily adjudicate out "bad faith" claims if the insurer proved that it ...



Constitutional Law

Forum Column - By Stephen F. Rohde - "The guilty are arrested before the law is broken." Are these the words of Attorney Gener...


Judges and Judiciary

Such a Bitter Balm

Jul. 12, 2002
By Arthur Gilbert

After the Los Angeles Lakers lost one of their games to the Sacramento Kings at the Western Conference Finals, Shaquille O'Nea...