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U.S. Supreme Court, Ethics/Professional Responsibility, Constitutional Law

How should the leak figure into law school teaching? Perhaps this dramatic departure from accepted norms presents an important...


U.S. Supreme Court, Ethics/Professional Responsibility

The further irony here is the historical conduct of Thomas as a member of this bench: Maintaining a low public profile, almost...



U.S. Supreme Court, Judges and Judiciary, Ethics/Professional Responsibility

The more the conservative movement turns its back on stare decisis, the more our entire system of governance becomes a struggl...


Judges and Judiciary, Ethics/Professional Responsibility, California Courts of Appeal

The Chief Justice has failed in her constitutional and ethical duties to ensure the timely adjudication of appeals in the 3rd ...



U.S. Supreme Court, Ethics/Professional Responsibility

Apparently these candidates for confirmation were so excited about the prospect of appointment to the highest court in the lan...


Law Practice, Ethics/Professional Responsibility, Appellate Practice

In a stinging opinion, the Court of Appeals noted that letting the Court know you believe it is wrong, even forcefully, is acc...



U.S. Supreme Court, Ethics/Professional Responsibility

We should be embarrassed that the institution as a whole isn’t doing enough to maintain the public’s trust – at a time the Cou...


Litigation & Arbitration, Ethics/Professional Responsibility

Intelligence, of course, is power, which in the choosing of arbitrators, comes down to intelligence ethically obtained - espec...



Trump appointed fifty-four federal appellate judges in his four years in office, one short of the fifty-five nominated by form...


Litigation & Arbitration

The parties bargained for arbitration, and, in turn, a different set of rules.



State Bar & Bar Associations

It seems the audit is more likely to lead to agency bloat than improved efficiency.


Real Estate, Land Use, Government

The government got its project. In the process, private property was taken. After a trial, that property was valued, and the g...



Law Practice, Judges and Judiciary, Appellate Practice

When evaluating a trial court’s rulings for potential abuse of discretion, look not only for both unreasonable trial court rul...


Law Practice, Judges and Judiciary, Appellate Practice

Despite Batson/Wheeler, Black jurors are the subject of peremptory challenges about 72% of the time. In contrast, White jurors...



Law Practice, Judges and Judiciary, Appellate Practice

Courts are used to warning counsel about “bells” that cannot be “unrung” for the jury, but it turns out a fatally flawed trans...


Government, Civil Rights

Thompson said that the officers could not enter without a warrant. The officers pushed their way in, shoving Thompson to the f...



U.S. Supreme Court, Ethics/Professional Responsibility

It is inconceivable but true that SCOTUS is the only judicial entity in the land that does not have a binding set of ethics co...


Ethics/Professional Responsibility, Civil Rights

In the age of social media, one’s words can take on a life of their own, regardless of disciplinary consequences and First Ame...



U.S. Supreme Court, Ethics/Professional Responsibility

Ginni Thomas’ words and actions have caused some academic and other commentators to find that Justice Thomas should have recus...


U.S. Supreme Court, Ethics/Professional Responsibility

The question remains: what are Justice Thomas’ ethical obligations now and into the future should another election or Jan. 6 c...



Law Practice, Ethics/Professional Responsibility

How to fire a client

Mar. 16, 2022

This has probably never happened to you: The facts turn out to be very different than initially relayed by your client. Or a c...


Law Practice, Ethics/Professional Responsibility

Almost immediately after the filing of a new complaint or a decision on a dispositive motion, attorneys may receive a call fro...