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Alternative Dispute Resolution

Settling With Boilerplate

Dec. 20, 2006
By Franklin R. Garfield

FOCUS COLUMN - By Franklin R. Garfield - Standard provisions, often referred to as boilerplate, are an important component of ...


Family

FORUM COLUMN - By David A. Lash - Belief that a woman has the right to choose to have an abortion on demand, or belief that ab...


Law Practice

Making a Dark and Stormy Case

Dec. 7, 2006
By Wendy L. Patrick

FORUM COLUMN - By Mark C. Mazzarella and Wendy Patrick Mazzarella - Storytelling, it dates back to the time when man first for...


Alternative Dispute Resolution

'I was nervous and upset." These were the words you coached your client to say before the no-fault divorce law was enacted. ...


Government, Criminal

Mark Foley's revelation that he was sexually abused as a minor confirms what many have recognized for years: Adult sexual offe...


Government

Navy Is Wrong to Force Out Guantanamo Lawyer

Oct. 24, 2006
By Erwin Chemerinsky

FORUM COLUMN - By Erwin Chemerinsky - The Navy's choice to force out Lt. Comdr. Charles Swift, one of the lawyers who successf...


Judges and Judiciary

Yesterday, I got a flu shot. No one made me get it. I did it on my own. ...


Appellate Practice

Mootness Issue Is a Complex First Step in Hearing Appeals

Oct. 18, 2006
By James C. Martin, David J. de Jesus

FOCUS COLUMN - By James C. Martin and David J. de Jesus - Once a case reaches the appellate stage, practitioners easily focus ...


Immigration

FORUM COLUMN - By David A. Lash and Brandie Odgers - Lost in the debate over immigration are those thousands of families who a...


FORUM COLUMN - By Stephen Rohde - In 1798, Thomas Jefferson wrote that "Habeas Corpus secures every man here, alien or citizen...


FORUM COLUMN - As they come of age, five years after Sept. 11, 2001, today's high-school students remind us of how far removed...


Intellectual Property

FOCUS COLUMN - In July began a trial period of the Patent Prosecution Highway, a cooperative effort between the U.S. Patent an...


Civil Litigation, Labor/Employment, Civil Rights

Federal courts of appeals in June 2006 created or deepened conflicts of authority on important questions relating to anti-disc...


California Supreme Court

FORUM COLUMN - The state Supreme Court's decision in Copley Press Inc. v. Superior Court, 2006 DJDAR 11839 (Aug. 31, 2006), un...


Judges and Judiciary

Doggone it (a euphemism for what I'm thinking). To stay with the metaphor, I am dogged by complaints of people I know unleashi...


FORUM COLUMN - Curiously, a male candidate for a job at a law firm repeatedly asked the firm interviewers about the firm's tre...


Criminal

Let All Criminal Defendants Pick Their Lawyers

Aug. 22, 2006
By Erwin Chemerinsky

Forum Colmn - The Sixth Amendment right to counsel means that a criminal defendant who can afford to pay for an attorney gener...


Insurance

A while ago, California courts started to summarily adjudicate out (that is, before trial) a bad-faith claim; that would happe...


Judges and Judiciary

With all the ink that has been spilled in the wake of the 9-0 Supreme Court's Burlington Northern v. White decision, 2006 DJDA...


Criminal

On the Roberts Court, the Police Get More Freedom

Jul. 21, 2006
By Erwin Chemerinsky

Forum Column - Although a single year is too little basis for drawing broad conclusions about the Roberts court, one trend see...


Judges and Judiciary

Partisanship Led Voters Past Janavs' Merit

Jul. 14, 2006
By Arthur Gilbert

Forum Column - Hooray for Gov. Schwarzenegger! Did I just say that, me, a Democrat? I voted for Gray Davis three times for gov...


Letter to the Editor - The recent judicial profile of Los Angeles Superior Court Judge Antonio Barreto, "The Hardest Working G...


Government

Governor Schwarzenegger, fearing further federal court takeover of the state's prison system, recently called for a special le...


Appellate Practice

By Benjamin G. Shatz A notice of appeal is one of the simplest documents a lawyer can prepare. Usually the only serious att...


Appellate Practice

Expert Advice

Jul. 1, 2006
By Benjamin G. Shatz

Practical tips for preparing for the worst--losing an important motion--and getting relief through a writ petition. by Benjam...


Appellate Practice

How Many Mistakes Can One Notice of Appeal Contain?

Jun. 30, 2006
By Benjamin G. Shatz

A notice of appeal is one of the simplest documents a lawyer can prepare. ...


Insurance

Challenging Punitive-Damages Standards

Jun. 20, 2006
By Rex Heeseman

-Anyone with even a passing interest in punitive damages is aware of the U.S. Supreme Court's blockbuster decision in State Fa...


Constitutional Law

Forum Column - By Erwin Chemerinsky - The Supreme Court's decision in Garcetti v. Ceballos, 126 S.Ct. 1951 (May 30, 2006), den...


Law Practice

In January this year, the California Court of Appeal issued a decision that creates the potential for extended malpractice lia...


Criminals should be punished, and unborn life is precious. Both propositions are central tenets of conservative politics. But ...