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Judges and Judiciary

Hooked on Language

Oct. 6, 2010
By Arthur Gilbert

A new book tackling the many dimensions of a case in drug court offers insight into the human condition.


9th U.S. Circuit Court of Appeals

Recovering Stolen Art Years After the Fact

Oct. 6, 2010
By Brian S. Kabateck

A new law extends victim's ability to recover stolen art decades later. By Brian Kabateck and Joshua Najemy of Kabateck Brown ...


U.S. Supreme Court

Drama Awaits New Jurist

Oct. 2, 2010
By Erwin Chemerinsky

Our annual U.S. Supreme Court preview focuses on important issues that will confront new Associate Justice Elena Kagan and her...


Civil Litigation

Knowledge of e-Discovery disputes is emerging as a key resource in the legal profession. ...


Constitutional Law, 9th U.S. Circuit Court of Appeals

Considered eyesores from a municipal standpoint, why did the 9th Circuit give tattoo parlors full First Amendment rights? ...


Labor/Employment

Faith, Fashion, And the American Workplace

Oct. 1, 2010
By Jeffrey C. Freedman

Religious discrimination is an issue of significance in California, whose citizens represent virtually every country and faith...


Law Practice

Sins of Memory

Sep. 30, 2010
By Timothy A. Tosta

Witnesses who tell differing accounts at separate depositions are not necessarily liars. Memory failings are a natural occurence.


Labor/Employment

This Bud's for Me, Boss

Sep. 24, 2010
By D. Gregory Valenza

If Proposition 19 legalizes marijuana use, several employment law issues will arise, requiring employers to revamp their workp...


Civil Litigation, Law Practice

Lawyers should be very careful about e-mails from clients that could compromise their role. Conspiracy charges might be around...


Letters, Appellate Practice

Abolishing Oral Argument Is Disservice to Justice

Sep. 16, 2010
By Richard Mosk, Norman L. Epstein

Norman L. Epstein and Richard M. Mosk of the 2nd District Court of Appeal comment on the need for oral argument.


Criminal, 9th U.S. Circuit Court of Appeals

Wrong in All Aspects

Sep. 15, 2010
By Erwin Chemerinsky

The 9th Circuit was wrong to prevent victims of torture from suing because privileged state secrets might later become crucial...


Appellate Practice

Law's Lighter Side?

Sep. 14, 2010
By Gary A. Watt

Appellate attorneys spend serious time sorting through case law and facts. Enjoy this collection of judicial nuggets on law's ...


Criminal

The Dangers Of Privatizing Public Defense

Sep. 10, 2010
By Konrad Moore

Fresno County is expected to invite bids from contract attorneys for criminal defense services. Will our system of justice be ...


Appellate Practice

Abolish Oral Argument?

Sep. 9, 2010
By Myron Moskovitz

Today, oral argument in most state appellate courts is an "empty ritual." So why not abolish oral argument to save time and mo...


Administrative/Regulatory

Verizon-Google's Proposal to Limit Net Neutrality Will Hurt Consumers

Sep. 8, 2010
By John F. Stephens, Kanika D. Corley

Consumers will be cheated if Google-Verizon's proposal to block access to certain Internet content is approved, by John F. Ste...


Criminal

Gangs Will Fill the Void

Sep. 7, 2010
By James P. Gray

Gangs can only thrive, or even exist, by default. They fill the void when children lack positive role models.


Judges and Judiciary

A Moral Choice

Sep. 7, 2010
By Arthur Gilbert

The moral of the story? Perhaps running against an exceptionally well-qualified judge demonstrates lack of judgment.


Mediators Have No Part To Play in Act 3

Sep. 4, 2010
By A. Marco Turk

A state appellate court recently held that at the conclusion of mediation, the mediator is prohibited from clarifying any subs...


Intellectual Property

With courts being cautious about granting injunctions to ban future patent infringement, issues about ongoing patent royalties...


Letters, Criminal

By John F. Montoya of the Los Angeles deputy public defender's office. ...


Criminal

The Death Penalty: Facing More Facts

Aug. 31, 2010
By James P. Gray

Facts show that the death penalty is unmistakably dysfunctional. Repeal is the most practical option.


Law Practice

The Elephant in the Room

Aug. 30, 2010
By Timothy A. Tosta

The sudden passing of a litigation partner and friend brings reflection on how to live a meaningful life.


Criminal

The Death Penalty: Facing the Facts

Aug. 27, 2010
By James P. Gray

Is implementation of capital punishment really justified? Here's the five explanations offered in favor of the death penalty.


U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals

While lies and despicable speech may be offensive, it's these unpopular messages that most require constitutional protection. ...


Labor/Employment

Want to Get Paid? Don't Inflate Your Bill

Aug. 26, 2010
By Thomas L. Dorogi

The court encourages counsel to litigate meritorious FEHA claims, but an exaggerated fee request could hurt your case.


Insurance

Does 'Remote Act' Equate to No 'Accident'?

Aug. 25, 2010
By Rex Heeseman

When should a "remote" causal act lead to no coverage? ...


Health Care, Pharmaceuticals, Biotech

With 65 percent of claims dropped, dismissed or withdrawn, a recent survey says the system is broken. In fact, the data proves...


Alternative Dispute Resolution

Given the depth of financial constraints, the judicial system is likely to collapse under its own weight. Mandatory mediation ...


9th U.S. Circuit Court of Appeals

Statute Without Limits?

Aug. 21, 2010
By Simon J. Frankel

AB 2765 seeks to extend the statute of limitations for recovering stolen art. Sound positive? Take a closer look.


Criminal

Reducing Our Prison Population

Aug. 20, 2010
By James P. Gray

Don't let doctrinaire politicians and special interest lobbyists spread fear about releasing our inmates to reduce the prison ...