Civil Rights, California Supreme Court
A revolution in local government in California - the legacy of Joaquin Avila
By J. Morgan Kousser
Since major amendments to the California election code in 2016, which standardized the procedures for switching from at-large ...
Torts/Personal Injury, Entertainment & Sports
How federal legislation can effectively tackle NIL collectives
By Frank N. Darras
The NCAA’s interim policies on name, image and likeness rights have created a Gordian Knot for athletes and teams, which colle...
Appellate Practice, Alternative Dispute Resolution
Zealous representation is good, but get a second opinion
By Margaret M. Morrow, Laurie D. Zelon
Advocates believe, with reason, that they know the facts of their case and the applicable law better than anyone else. Sometim...
Legal Education
The rise of law school flash trials are replacing their slower counterparts
By Spencer J. Pahlke
While traditional mock trials let law school students simulate courtroom proceedings in a controlled environment, Flash Trials...
Technology, Intellectual Property
Generative AI systems may be creative but aren’t human enough to hold copyrights
By Anita Taff-Rice
District Court holds that copyright law is designed to adapt to the times but can’t be stretched to works generated with no hu...
Law Practice, Appellate Practice
Crafting your legal identity: navigating attorney business development
By George Brandon
Welcome to the premiere of ‘The Source,’ your monthly column to the dynamic realm of attorney business development. Whether yo...
Technology, Intellectual Property
Whether in the ring or the courtroom, no one knows if X (formerly Twitter) and Facebook will exchange blows
By Richard H. Lee, Marius Mateescu
Meta Platforms, Inc., and Twitter, Inc., now X Corp., are seemingly priming for a legal battle with far-reaching implications....
Health Care & Hospital Law, Administrative/Regulatory
Fifth Circuit medication abortion ruling could affect more than abortion access
By Cathren Cohen
The case threatens the FDA’s regulatory authority and could lead to established, safe medications being challenged simply beca...
Torts/Personal Injury, Technology
Driverless cars have arrived, and though rare, accidents do happen
By George Salinas
With rideshares, the safety ratings should set most riders’ minds at ease. However, that does not mean that one should not be ...
Technology, Administrative/Regulatory
Election-related deepfakes are easy to create, harder to regulate
By David Lazarus
On Aug. 10, the FEC took the first step toward regulating federal candidates’ use of deepfakes and other AI-enabled fake image...
Technology, Administrative/Regulatory, 9th U.S. Circuit Court of Appeals
Recent 9th Circuit TCPA decision shows limits of applying old statutes to newer technology
By Megan L. Rodgers, Daniel Rios
The 9th Circuit recently ruled that a text message is not a voice, finding that even though “‘voice’ can be used symbolically,...
Civil Procedure, 9th U.S. Circuit Court of Appeals
Ninth Circuit’s plain text ruling on Rule 45 won’t be the last word
By Paul A. Werner, Imad Matini
In re Kirkland: the location of the proceeding - not the person - still matters for Rule 45 compliance in our post-pand...
Government, Ethics/Professional Responsibility
Absent reform, ethical lapses among all the president’s lawyers will be cyclical
By Eugene M. Hyman
While the headlines are understandably focusing on Trump himself, the legal community should be looking to its own. We sit in ...
Law Practice
Is the answer to a lawyer’s well-being to stop practicing law?
By Traci Cipriano
Burnout is a workplace issue, resulting from ongoing, unrelenting, workplace stressors. These stressors take many forms, depen...
Ethics/Professional Responsibility
Practical considerations for promoting a culture of civility
By Carole J. Buckner
Proposed rules pending consideration by the California Supreme Court are premised on the concept that advocacy for a client do...
Labor/Employment
Understanding collective bargaining and the Hollywood double strike
By Landon R. Schwob
For the time being, the strike continues. But the unions are far from “holding all the cards.” Though the right to strike may ...
U.S. Supreme Court, Labor/Employment
Recent affirmative action ruling may impact private sector DEI initiatives
By Emily Burkhardt Vicente, James La Rocca
It is highly likely that the Court’s decision will spawn new challenges to private employer DEI programs and the Court’s ratio...
U.S. Supreme Court
The affirmative action door has closed, but some windows remain open
By Yisrael Gelb
Institutions may carefully evaluate their admissions policies to best determine holistic-based factors that faithfully reflect...
Family
The ability to pay support and fees in family law cases is broadly defined
By Franklin R. Garfield
Decades of precedent are apparently insufficient to stifle the creativity of payors who are determined to avoid their financia...
Torts/Personal Injury, Construction
The stakes are high, and costly, when asbestos removal goes rogue
By Cristobal Ramirez, John J. Lormon
Property owners could face substantial legal risks from failure to comply with asbestos abatement obligations – including civi...
Civil Procedure, Administrative/Regulatory
A new home court for the FTC in pre‑merger challenges?
By Bambo Obaro, Joshua Wesneski
Whatever the reason, the FTC seems intent – at least for now – on pursuing merger challenges in the federal courts of Californ...
Intellectual Property
Ted Lasso: The trade secret implications of an employee defection
By Randall E. Kay, Gregory A. Castanias
Nate Shelley left Ted Lasso and Richmond United to work for a competitor. What can Nate’s betrayal of Ted and Richmond teach u...
Civil Rights
A look at Chino Valley Schools’ gender identification policy
By Doug Rochen
The Chino and Murrieta school districts are enacting a policy that bucks CDE guidance, drawing more than just AG Bonta’s dirty...
Judges and Judiciary, Government
Former Minnesotan describes LASC human resources role as the Super Bowl
By Lawrence P. Riff
“Our HR teams are creating the 21st century workplace, dealing with human potential, human aspiration, human skill development...
Law Practice, Guide to Legal Writing, Appellate Practice
The joy of editing
By Myron Moskovitz
Careful editing might seem a mere perfectionist’s obsession. But it’s more than that. Appellate Justices spend most of their w...
California has poor laws addressing cultural/religious marriage gifts. IRMO Noghrey (1985) correctly found that exorbit...
Technology, Civil Procedure
Testimony of far away witnesses is possible, but not compulsory
By Nicolas I. Sonnenburg, Steven S. Fleischman
COVID made Zoom ubiquitous, but that doesn’t mean the Federal Rules of Civil Procedure have changed.
Technology, Civil Rights
Coding and decoding bias – EEOC settles first AI discrimination lawsuit
By George S. Azadian, Ani Azadian
The lawsuit stems from one applicant who was immediately rejected when she applied with her accurate date of birth showing she...
Government, Constitutional Law
A vague rule to define the ‘receiver’ of a firearm is confusing and divisive
By Matthew Sean Harrison
In 2022, the ATF issued its Final Rule, “Definition of Frame or Receiver.” As a microcosm of our Nation’s divisions, the react...
Labor/Employment, Cannabis
Get ready for new, and unequally applied cannabis-testing changes at the workplace
By Ronald J. Scholar
Under a new law that will go into effect Jan. 1, if a job applicant tests positive for the presence of psychoactive THC, the l...