Forum Column - By Erwin Chemerinsky - Few issues are more controversial or divisive than affirmative action. Opponents of affi...
Forum Column - By Erwin Chemerinsky, Daniel Grunfeld and David Lash - "Equal justice under law" may be carved into the granite...
Insurance
Trend Goes Toward Using General Legal Principles in Insurance Cases
By Rex Heeseman
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
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 ...
Forum Column - By Erwin Chemerinsky - The hypocrisy of conservatives when it comes to federalism is well illustrated by the Ju...
Forum Column - By David A. Lash - "Sandy Koufax: A Lefty's Legacy," Jane Leavey's new book on the Dodger pitching legend, remi...
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
By Jeff Kichaven
Focus Column - Alternative Dispute Resolution: Pro & Con - Pro by Jeff Kichaven - Con by Robert S. Mann ...
Contracts
Court Relies on Traditional Contract Formation Rules in Cyberspace Case
By Lawrence Waddington
Focus Column - Business Law - By Lawrence C. Waddington - The Specht court chose to rely on venerable rules of contract...
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
Fee-Shifting in Overtime Wage Statute Trumps Contract's Attorney-Fee Clause
By Aashish Y. Desai
Who is entitled to attorney fees when statutes conflict with contracts? The answer may surprise some. Under a typical employme...
Forum Column - By Erwin Chemerinsky - Secret adjudicatory proceedings, whether in a court or an administrative setting, are in...
Forum Column - By Wally Knox and David A. Lash - California has been a national leader in the fight to secure justice for Holo...
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
De Facto Partition in Kosovo Challenges U.N.'s Authority
By William Slomanson
Kosovo is the only area in the world being governed by an international organization. Under U.N. Security Council Resolution 1...
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
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 ...
Terror and the Law - Forum Column - By Erwin Chemerinsky - Throughout American history, whenever there has been a serious cris...
In my last column, we talked briefly about Shaquille O'Neal's response to a question last season about what it would take for ...
There is no area in which the individual predilection of judges more consistently subverts the rule of law, common sense and b...
Insurance
Three-Step Interpretation Process for Contracts Confuses California Courts
By Rex Heeseman
Once upon a time, "ambiguity" was king in California with respect to interpreting an insurance policy. But now, "context" is k...
Forum Column - By David A. Lash - It is time to ensure that the judicial branch of our democracy exalts responsiveness over pa...
Intellectual Property
Creator of Computer Source Code May Not Be 'Author'
By Stuart Meyer
In 1989, the U.S. Supreme Court issued a landmark opinion that clarified a very important issue in copyright law: Who owns the...
Forum Column - By Erwin Chemerinsky - Although many disagree about the First Amendment, no one denies that political speech is...
Forum Column - By Hiram Torres - A new piece of legislation that likely will substantially restrict public access to certified...
Labor/Employment
Discovery in Overtime Class Actions Often Is Prevented Before Certification
By Aashish Y. Desai
The idea that a defendant is not allowed to conduct discovery before class counsel files a motion for class certification soun...
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...
More than a decade ago, California courts began to summarily adjudicate out "bad faith" claims if the insurer proved that it ...
Constitutional Law
Movie Alerts People to U.S. Abuses of Individual Rights
By Stephen F. Rohde
Forum Column - By Stephen F. Rohde - "The guilty are arrested before the law is broken." Are these the words of Attorney Gener...
After the Los Angeles Lakers lost one of their games to the Sacramento Kings at the Western Conference Finals, Shaquille O'Nea...