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Myron Moskovitz

See more on Myron Moskovitz

Legal Director
Moskovitz Appellate Team

90 Crocker Ave
Piedmont , CA 94611-3823
Phone: (510) 384-0354
Email: myronmoskovitz@gmail.com

Myron is author of "Moskovitz on Appeal" (LexisNexis) and "Winning An Appeal" (5th ed., Carolina Academic Press). Moskovitz Appellate Team is a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms.

UC Berkeley SOL Boalt Hal



Columns
Title Category Published
Moskovitz vs. Hahvahd Government May 5, 2025
Why I went to law school - Part 5: Back to school Law School Apr. 7, 2025
Why I went to law school - Part 4: Time to leave Law Practice Mar. 17, 2025
Why I went to law school - Part 3: Going for big Law Practice Mar. 3, 2025
Why I went to law school - Part 2: The triple win Law Practice Feb. 18, 2025
Why I went to law school - Part 1: The opportunists Law Practice Feb. 3, 2025
Why are briefs called 'briefs?' Law Practice Jan. 21, 2025
A brief with no case cites? Guide to Legal Writing, Civil Procedure Jan. 6, 2025
The stealth judge 9th U.S. Circuit Court of Appeals Dec. 16, 2024
My short briefs Guide to Legal Writing, Appellate Practice Dec. 2, 2024
Death of the 2nd Amendment: Part V - The 13th repealed the 2nd Constitutional Law Nov. 18, 2024
The death of the 2nd Amendment: Part IV - The purpose behind the 2nd Constitutional Law Nov. 4, 2024
The death of the 2nd Amendment: Part III - Scalia's 'history' Constitutional Law Oct. 21, 2024
The death of the 2nd Amendment: Part II - Scalia's reasoning in Heller Constitutional Law Oct. 7, 2024
The death of the 2nd Amendment: Part I - Heller Constitutional Law Sep. 23, 2024
When an appellate court raises a new issue Appellate Practice Sep. 9, 2024
The Problem Method Part V: Legal education in Japan - now Education Law Aug. 19, 2024
The Problem Method Part IV: My mission to Japan Education Law Aug. 5, 2024
The Problem Method Part III: Japan’s law school reform effort Education Law Jul. 15, 2024
The Problem Method Part II: The origin of American law teaching Education Law Jul. 1, 2024
The Problem Method Part I: What is it? Legal Education Jun. 17, 2024
A seamless web Education Law Jun. 3, 2024
Teaching Abroad Part III: My Mistake Criminal May 20, 2024
Teaching Abroad Part II: The Play Legal Education May 6, 2024
Teaching Abroad Part I: Bologna Education Law Apr. 15, 2024
Screening the good from the bad before filing an appeal Appellate Practice Apr. 1, 2024
'Forfeitures' on Appeal Part 2: Ensuring fairness to the parties Appellate Practice Mar. 18, 2024
'Forfeitures' on Appeal Part I: The basic rules Appellate Practice Mar. 4, 2024
A tale of two doggies Constitutional Law Feb. 12, 2024
Using ‘old’ precedent cases Appellate Practice Jan. 16, 2024
Using precedent to persuade Law Practice, Appellate Practice Jan. 2, 2024
How to use precedent cases Judges and Judiciary Dec. 18, 2023
On criticizing judges Judges and Judiciary Dec. 4, 2023
My second-most memorable client Land Use, Administrative/Regulatory Nov. 20, 2023
Part IV on interpreting our Constitution: protecting Individual Rights Constitutional Law Nov. 7, 2023
Part III on interpreting our Constitution: when to rule “That’s unconstitutional!” U.S. Supreme Court, Constitutional Law Oct. 17, 2023
Part II on interpreting our Constitution: the voters vs the judges U.S. Supreme Court Oct. 2, 2023
Part I on interpreting our Constitution: the traditional approaches Constitutional Law Sep. 18, 2023
My AI nightmare Technology, Appellate Practice Sep. 5, 2023
The joy of editing Law Practice, Guide to Legal Writing, Appellate Practice Aug. 21, 2023
The Strike! Part 4: At the bargaining table Labor/Employment Aug. 7, 2023
The Strike! Part 3: The picket line Civil Rights Jul. 17, 2023
The Strike! Part 2: Why California asparagus farmers ditched a legal battle and chose to strike instead Civil Rights Jul. 3, 2023
The Strike! Part 1: How it started Law Practice Jun. 19, 2023
Cancel “Berkeley?” Legal Education Jun. 5, 2023
Motions for summary judgment: Beware of “The UMF Trap!” Civil Procedure May 15, 2023
JUDGING BAD GUYS Part VI: How litigators might deal with it Law Practice, Judges and Judiciary May 1, 2023
JUDGING BAD GUYS. Part V: The Supreme Court nails the bad guy U.S. Supreme Court, Judges and Judiciary Apr. 17, 2023
JUDGING BAD GUYS. Part IV: A real world example Judges and Judiciary Apr. 3, 2023
JUDGING BAD GUYS. Part III: The effect on “the law” Judges and Judiciary Mar. 20, 2023
JUDGING BAD GUYS. Part II: The Study Judges and Judiciary Mar. 6, 2023
JUDGING BAD GUYS. Part I: The Problem Judges and Judiciary Feb. 21, 2023
Fighting for a “turnaround” Law Practice, Ethics/Professional Responsibility Feb. 6, 2023
Be kind to your reader Law Practice, Appellate Practice Jan. 17, 2023
The Welfare War - Part Four Law Practice, Appellate Practice Jan. 3, 2023
The Welfare War - Part Three Government Dec. 19, 2022
The Welfare War - Part Two Government Dec. 5, 2022
The Welfare War – Part One Government Nov. 21, 2022
Stress-Savers Law Practice, Appellate Practice Nov. 7, 2022
On Unanimous Opinions Judges and Judiciary Oct. 17, 2022
Biting the hand – redux Judges and Judiciary, California Courts of Appeal Oct. 3, 2022
Coercing Religion – Part Two Government, Civil Rights Sep. 19, 2022
Coercing Religion – Part One Constitutional Law Sep. 6, 2022
The Rent Control War - Part Three Real Estate/Development, Government Aug. 15, 2022
The Rent Control War - Part Two Law Practice, Appellate Practice Aug. 1, 2022
The Rent Control War: Part One Real Estate/Development, Government Jul. 18, 2022
A Formative Year Law Practice, Appellate Practice Jul. 5, 2022
Nuremberg: The Movie Government, Entertainment & Sports Jun. 20, 2022
Dressed to deceive Law Practice, Ethics/Professional Responsibility, Appellate Practice Jun. 7, 2022
Biting the hand that feeds me. Part 3: The appearance of justice Judges and Judiciary, Appellate Practice May 16, 2022
Biting the hand that feeds me Part 2: Calendar memos? Law Practice, Judges and Judiciary, Appellate Practice May 2, 2022
Biting the hand that feeds me: Part I Law Practice, Appellate Practice Apr. 14, 2022
THE ART OF DEEP PERSUASION Law Practice, Appellate Practice Mar. 29, 2022
Trial court winners can become appellate court losers Law Practice, Appellate Practice Mar. 22, 2022
Fighting for a ‘turnaround’ Law Practice, Appellate Practice Mar. 7, 2022
A Story Goes to Court: Part III Law Practice, Appellate Practice Feb. 22, 2022
A Story Goes to Court: Part II Law Practice, Appellate Practice Feb. 7, 2022
A Story Goes to Court: Part I Law Practice, Appellate Practice Jan. 18, 2022
When ‘the facts’ are not the facts Law Practice, Appellate Practice Jan. 3, 2022
Appellate Rituals Law Practice, Appellate Practice Dec. 20, 2021
My Most Memorable Client Part IV: The Verdict Law Practice, Appellate Practice Dec. 6, 2021
My Most Memorable Client Part III: The Closing Argument Law Practice, Appellate Practice Nov. 15, 2021
My Most Memorable Client Part II: The Trial Law Practice, Appellate Practice Nov. 1, 2021
My Most Memorable Client Part I: The Alleged Crime Law Practice, Appellate Practice Oct. 18, 2021
A column on columns Law Practice Oct. 4, 2021
‘PETITION DENIED’ California Supreme Court, California Courts of Appeal, Appellate Practice Sep. 20, 2021
More on trial court briefs Law Practice, Judges and Judiciary, Appellate Practice Sep. 7, 2021
What do you think? Appellate Practice Aug. 16, 2021
On trial court briefs: the judges speak Law Practice, Appellate Practice Aug. 2, 2021
On aggressive trial court briefs Law Practice, Appellate Practice Jul. 19, 2021
From the horse’s mouth Judges and Judiciary, Appellate Practice Jul. 6, 2021
Poker an appeals Law Practice, Appellate Practice Jun. 21, 2021
Tenacity Law Practice, Appellate Practice Jun. 7, 2021
Profile left out justice’s most admirable trait Letters, Judges and Judiciary May 19, 2021
On amicus letters Appellate Practice May 17, 2021
Appellate Adventures, Chapter 21: “I Won My Appeal! Now What? Law Practice, Appellate Practice May 3, 2021
Appellate Adventures, Chapter 20: "What Should I Do at Oral Argument" Law Practice, Appellate Practice Apr. 19, 2021
Abolish the peremptory challenge? Criminal Mar. 30, 2021
Appellate Adventures, Chapter 19: "How do I prepare for oral argument?" Law Practice, Appellate Practice Mar. 15, 2021
On justice delayed Law Practice, Judges and Judiciary, California Courts of Appeal, Appellate Practice Mar. 1, 2021
Appellate Adventures, Chapter 18: “How Can I Win at Oral Argument?” Law Practice, Appellate Practice Feb. 16, 2021
Appellate Adventures, Chapter 17: “How to I Write the Appellants Brief?” Law Practice, Appellate Practice Feb. 1, 2021
Bye bye bar exam? State Bar & Bar Associations, Legal Education Jan. 19, 2021
Appellate Adventures, Chapter 16: "What If I Were Writing a Brief for the Respondent?" Law Practice, Appellate Practice Jan. 4, 2021
Appellate Adventures, Chapter 15: "How Do I Write the Introduction and Summary of Argument?" Law Practice, Appellate Practice Dec. 21, 2020
Appellate Adventures, Chapter 14: "More Tips on Writing the Argument" Law Practice, Appellate Practice Dec. 7, 2020
The respondent’s brief Appellate Practice Nov. 16, 2020
Word Counts Law Practice, Appellate Practice Nov. 2, 2020
Adapting to conservative courts Oct. 19, 2020
'Law of the case': Mistakes appellate attorneys see over and over Law Practice, Appellate Practice Oct. 5, 2020
The eviction Real Estate/Development, Law Practice Sep. 21, 2020
The eviction Real Estate/Development, Law Practice Sep. 14, 2020
On Court Law Practice, Appellate Practice Sep. 8, 2020
In pro per Law Practice, Appellate Practice Aug. 17, 2020
Creative brief writing Law Practice, Appellate Practice Aug. 3, 2020
A ‘diploma privilege’? State Bar & Bar Associations, Legal Education, Law Practice Jul. 20, 2020
Read your oral argument??? Appellate Practice Jul. 6, 2020
Joe, part 2 Law Practice, Constitutional Law, Appellate Practice Jun. 16, 2020
Joe, part I Law Practice, Constitutional Law, Appellate Practice Jun. 1, 2020
Home schoolin’ Appellate Practice May 18, 2020
The virus on appeal, part 4 Real Estate/Development, Appellate Practice May 8, 2020
The virus on appeal, part 3 Real Estate/Development, Appellate Practice May 7, 2020
The virus on appeal, part 2 Real Estate/Development, Appellate Practice May 6, 2020
The virus on appeal Real Estate/Development, Appellate Practice May 5, 2020
Legal research, part 3 Law Practice, Appellate Practice Apr. 20, 2020
Legal research, part 2 Appellate Practice Apr. 6, 2020
Legal research part 1 Law Practice, Appellate Practice Mar. 23, 2020
The government lawyer Law Practice, Government, Appellate Practice Mar. 2, 2020
The government lawyer (part 1) Law Practice, Government, Admiralty/Maritime Feb. 18, 2020
Harmless error Law Practice, Appellate Practice Feb. 3, 2020
Write to dream Law Practice, Appellate Practice Jan. 21, 2020
Talking to strangers Appellate Practice Jan. 6, 2020
On law schools, part 3 Law Practice Dec. 16, 2019
On law schools (part 2) Law Practice, Judges and Judiciary Dec. 2, 2019
On law schools (part 1) Law Practice, Judges and Judiciary Nov. 18, 2019
College kids Law Practice, Appellate Practice Nov. 4, 2019
Laying traps Law Practice, Appellate Practice Oct. 21, 2019
Appellate lawyers in trial courts? Civil Litigation, Appellate Practice Oct. 7, 2019
On ‘published’ opinions Law Practice, California Supreme Court, California Courts of Appeal, Appellate Practice Sep. 11, 2019
In defense of a bird Law Practice, Appellate Practice Sep. 3, 2019
Appellate Adventures, Chapter 13, "How Do I Present the Outline of Argument?" Law Practice, Civil Litigation, Appellate Practice Aug. 19, 2019
Appellate Adventures, Chapter 12: "How Can I Use the Statement of Facts to Persuade? Law Practice, Civil Litigation, Appellate Practice Aug. 5, 2019
Appellate Adventures, Chapter 11: “Any More Tips on Drafting a Statement of Facts?” Law Practice, Civil Litigation, Appellate Practice Jul. 15, 2019
Appellate Adventures, Chapter 10: “If It Ain’t Clear, It Ain’t There!” Law Practice, Civil Litigation, Appellate Practice Jul. 1, 2019
Appellate Adventures, Chapter Nine: "Using the Record" Law Practice, Civil Litigation, Appellate Practice Jun. 17, 2019
What if... ? U.S. Supreme Court, Government, Constitutional Law Jun. 4, 2019
Constructing an appellate brief Law Practice, Appellate Practice May 20, 2019
From legal formalist to legal realist Law Practice, California Supreme Court, California Courts of Appeal, Appellate Practice May 6, 2019
Waive oral argument? Law Practice, Appellate Practice Apr. 15, 2019
On dissents Judges and Judiciary, Appellate Practice Apr. 1, 2019
Oral arguments before the California Supreme Court Law Practice, California Supreme Court, Appellate Practice Mar. 4, 2019
Oral arguments before the California Supreme Court California Supreme Court, Appellate Practice Feb. 19, 2019
Resolving Appeals Faster California Courts of Appeal, Appellate Practice Feb. 4, 2019
Resolving Appeals Faster California Courts of Appeal, Appellate Practice Jan. 22, 2019
Finding a fit Nov. 19, 2018
Let’s play ‘Let’s Suppose.’ Law Practice, Appellate Practice Oct. 15, 2018
Who is telling the truth? Law Practice, Appellate Practice Oct. 2, 2018
My campaign manager Government, Appellate Practice Sep. 17, 2018
Not my style Law Practice, Appellate Practice Sep. 4, 2018
Appellate Adventures, Chapter Eight: “How Do I Turn the Facts into a Story?” Law Practice, Civil Litigation, Appellate Practice Aug. 20, 2018
Appellate Adventures, Chapter Seven: "Is the Statement of Facts Important?" Law Practice, Civil Litigation, Appellate Practice Aug. 6, 2018
Appellate Adventures, Chapter Six: "How Do I Write the 'Procedural Facts'?" Civil Litigation, Law Practice, Appellate Practice Jul. 16, 2018
Appellate Adventures, Chapter Five: "Which Facts?" Civil Litigation, Law Practice, Appellate Practice Jul. 2, 2018
Appellate Adventures, Chapter Four: "The Brief: Where Do I Begin?" Civil Litigation, Law Practice, Appellate Practice Jun. 18, 2018
A frivolous appeal Jun. 4, 2018
Should lawyers ‘make up’ stories? Law Practice, Appellate Practice May 7, 2018
More on Losing Law Practice, Appellate Practice Apr. 2, 2018
On Losing Law Practice, Appellate Practice Mar. 19, 2018
Appellate Adventures, Chapter Three: “Let’s Appeal! Now What?” Civil Litigation, Law Practice, Appellate Practice Mar. 5, 2018
On Moot Court Law Practice, Judges and Judiciary, Appellate Practice Feb. 20, 2018
Appellate Adventures, Chapter Two: “What’s the Payout?” Civil Litigation, Law Practice, Appellate Practice Feb. 5, 2018
Appellate Adventures, Chapter One: “The Odds of Winning” Civil Litigation, Law Practice, Appellate Practice Jan. 22, 2018
Strategic reading Law Practice, Judges and Judiciary, Appellate Practice Jan. 8, 2018
Do I make myself clear? Law Practice, Appellate Practice Dec. 18, 2017
Thanks, CLRA Law Practice, Labor/Employment, California Courts of Appeal, Appellate Practice Dec. 4, 2017
Sometimes, an appellate court does find facts Civil Litigation, California Courts of Appeal, Appellate Practice Nov. 20, 2017
What do lawyers actually do? Law Practice, Appellate Practice Oct. 30, 2017
‘Realist’ or ‘formalist’: Part 2 Judges and Judiciary, Appellate Practice Oct. 16, 2017
‘Realist’ or ‘formalist’: Part 1 Civil Litigation, Law Practice, Judges and Judiciary, Appellate Practice Oct. 2, 2017
Can you DIG it, California Supreme Court? Civil Litigation, California Supreme Court, Appellate Practice Sep. 18, 2017
Filing the Notice of Appeal Civil Litigation, Law Practice, Appellate Practice Sep. 5, 2017
Setting up an appeal: Preparing the Statement of Decision U.S. Supreme Court, California Supreme Court, California Courts of Appeal, Appellate Practice, 9th U.S. Circuit Court of Appeals Aug. 21, 2017
Setting up an appeal — in the trial court Civil Litigation, Law Practice, Appellate Practice Aug. 7, 2017
Statement of Facts: Part VII Appellate Practice Jul. 17, 2017
Statement of Facts: Part VI Appellate Practice Jul. 3, 2017
Statement of Facts: Part V Appellate Practice Jun. 19, 2017
Statement of Facts: Part IV Appellate Practice Jun. 5, 2017
Statement of facts: Part III Appellate Practice May 15, 2017
Statement of facts: Part II Appellate Practice May 1, 2017
Statement of Facts: Part I Appellate Practice Apr. 17, 2017
Writs: Part III Appellate Practice Apr. 4, 2017
Writs: Part II Appellate Practice Mar. 20, 2017
Writs: Part I Appellate Practice Mar. 7, 2017
Thinking outside the American appellate box Appellate Practice Feb. 22, 2017
State high court's job, for now, isn't to fix errors Appellate Practice Feb. 7, 2017
On appeal, should we do as the Brits do? Appellate Practice Jan. 18, 2017
Know what the box is before you think outside of it Appellate Practice Jan. 4, 2017
Timing is everything, briefs included Appellate Practice Dec. 22, 2016
It matters Appellate Practice Dec. 6, 2016
Extremely Effective Advocacy Advice Appellate Practice Nov. 22, 2016
Concise is not the same as short Appellate Practice Nov. 8, 2016
You don't need 14,000 words Appellate Practice Oct. 18, 2016
They got it all wrong! Appellate Practice Oct. 4, 2016
Excellence is making the most of what you have to work with Appellate Practice Sep. 20, 2016
Your reply brief should reply, not repeat Appellate Practice Sep. 7, 2016
Preparation is over, it's time for oral argument Appellate Practice Aug. 16, 2016
Practice makes perfect Appellate Practice Aug. 2, 2016
Successful oral arguments require a little clairvoyance Appellate Practice Jul. 18, 2016
Appellate court judicial research staff attorney Appellate Practice Jul. 6, 2016
Appellate advocates, in fact, are not ostriches Appellate Practice Jun. 21, 2016
Weekly Appellate Report Podcast #8 Perulta, Halo & Art of Oral Argument Appellate Practice Jun. 17, 2016
What's the story? Appellate Practice Jun. 7, 2016
Appellate oral arguments should stress justice, not case law Appellate Practice May 17, 2016
Did I say 'law clerk'? Appellate Practice May 3, 2016
Oral argument: if not necessary, waive it goodbye Appellate Practice Apr. 19, 2016
Seeking review in the California Supreme Court Appellate Practice Mar. 16, 2016
Effective examples can give your brief some pizzazz Appellate Practice Nov. 5, 2015
When should clients pursue an appeal? Appellate Practice Sep. 18, 2015
Be aggressively reasonable in your briefs Appellate Practice Aug. 6, 2015
Should you anticipate arguments in opening briefs? Appellate Practice Jul. 7, 2015
Using precedent effectively in your briefs Appellate Practice Jun. 4, 2015
Law clerks at the state high court: then and now California Supreme Court, Appellate Practice May 14, 2015
Briefs: If it ain't clear, it ain't there Appellate Practice May 8, 2015
Should you use footnotes in briefs? Sure, but take it easy Appellate Practice Apr. 3, 2015
The Great Rent Control War Government Dec. 15, 2010
The Great Rent Control War Government Dec. 13, 2010
The Great Rent Control War Dec. 10, 2010
Abolish Oral Argument? Appellate Practice Sep. 9, 2010
Mysteries Of the Writ Appellate Practice Feb. 27, 2010
Mysteries of the Writ Appellate Practice Feb. 25, 2010
The Mysteries of Writs Appellate Practice Feb. 18, 2010
Field Work Jul. 1, 2009
Ill-Suited to Retail Law Office Management Oct. 2, 2007

Verdicts & Settlements
Case Name Topic Role Published
Community Redevelopment Agency of the City of Rancho Cordova v. The Lily Company, Carolina’s Mexican Restaurant 3, Citizens Suburban Company, County of Sacramento, Hancock Fabrics Inc., Hancock Textile Co. Inc., MTN Excavation, Pacific Gas and Electric Company, Sacramento Municipal Utility District, The Pacific Telephone and Telegraph Company, and Real Property Plaintiff Oct. 27, 2012

MCLE
Title Category Published
On amicus letters Appellate Practice May 17, 2021
Title Category Published
Moskovitz vs. Hahvahd Government May 5, 2025
Why I went to law school - Part 5: Back to school Law School Apr. 7, 2025
Why I went to law school - Part 4: Time to leave Law Practice Mar. 17, 2025
Why I went to law school - Part 3: Going for big Law Practice Mar. 3, 2025
Why I went to law school - Part 2: The triple win Law Practice Feb. 18, 2025
Why I went to law school - Part 1: The opportunists Law Practice Feb. 3, 2025
Why are briefs called 'briefs?' Law Practice Jan. 21, 2025
A brief with no case cites? Guide to Legal Writing, Civil Procedure Jan. 6, 2025
The stealth judge 9th U.S. Circuit Court of Appeals Dec. 16, 2024
My short briefs Guide to Legal Writing, Appellate Practice Dec. 2, 2024
Death of the 2nd Amendment: Part V - The 13th repealed the 2nd Constitutional Law Nov. 18, 2024
The death of the 2nd Amendment: Part IV - The purpose behind the 2nd Constitutional Law Nov. 4, 2024
The death of the 2nd Amendment: Part III - Scalia's 'history' Constitutional Law Oct. 21, 2024
The death of the 2nd Amendment: Part II - Scalia's reasoning in Heller Constitutional Law Oct. 7, 2024
The death of the 2nd Amendment: Part I - Heller Constitutional Law Sep. 23, 2024
When an appellate court raises a new issue Appellate Practice Sep. 9, 2024
The Problem Method Part V: Legal education in Japan - now Education Law Aug. 19, 2024
The Problem Method Part IV: My mission to Japan Education Law Aug. 5, 2024
The Problem Method Part III: Japan’s law school reform effort Education Law Jul. 15, 2024
The Problem Method Part II: The origin of American law teaching Education Law Jul. 1, 2024
The Problem Method Part I: What is it? Legal Education Jun. 17, 2024
A seamless web Education Law Jun. 3, 2024
Teaching Abroad Part III: My Mistake Criminal May 20, 2024
Teaching Abroad Part II: The Play Legal Education May 6, 2024
Teaching Abroad Part I: Bologna Education Law Apr. 15, 2024
Screening the good from the bad before filing an appeal Appellate Practice Apr. 1, 2024
'Forfeitures' on Appeal Part 2: Ensuring fairness to the parties Appellate Practice Mar. 18, 2024
'Forfeitures' on Appeal Part I: The basic rules Appellate Practice Mar. 4, 2024
A tale of two doggies Constitutional Law Feb. 12, 2024
Using ‘old’ precedent cases Appellate Practice Jan. 16, 2024
Using precedent to persuade Law Practice, Appellate Practice Jan. 2, 2024
How to use precedent cases Judges and Judiciary Dec. 18, 2023
On criticizing judges Judges and Judiciary Dec. 4, 2023
My second-most memorable client Land Use, Administrative/Regulatory Nov. 20, 2023
Part IV on interpreting our Constitution: protecting Individual Rights Constitutional Law Nov. 7, 2023
Part III on interpreting our Constitution: when to rule “That’s unconstitutional!” U.S. Supreme Court, Constitutional Law Oct. 17, 2023
Part II on interpreting our Constitution: the voters vs the judges U.S. Supreme Court Oct. 2, 2023
Part I on interpreting our Constitution: the traditional approaches Constitutional Law Sep. 18, 2023
My AI nightmare Technology, Appellate Practice Sep. 5, 2023
The joy of editing Law Practice, Guide to Legal Writing, Appellate Practice Aug. 21, 2023
The Strike! Part 4: At the bargaining table Labor/Employment Aug. 7, 2023
The Strike! Part 3: The picket line Civil Rights Jul. 17, 2023
The Strike! Part 2: Why California asparagus farmers ditched a legal battle and chose to strike instead Civil Rights Jul. 3, 2023
The Strike! Part 1: How it started Law Practice Jun. 19, 2023
Cancel “Berkeley?” Legal Education Jun. 5, 2023
Motions for summary judgment: Beware of “The UMF Trap!” Civil Procedure May 15, 2023
JUDGING BAD GUYS Part VI: How litigators might deal with it Law Practice, Judges and Judiciary May 1, 2023
JUDGING BAD GUYS. Part V: The Supreme Court nails the bad guy U.S. Supreme Court, Judges and Judiciary Apr. 17, 2023
JUDGING BAD GUYS. Part IV: A real world example Judges and Judiciary Apr. 3, 2023
JUDGING BAD GUYS. Part III: The effect on “the law” Judges and Judiciary Mar. 20, 2023
JUDGING BAD GUYS. Part II: The Study Judges and Judiciary Mar. 6, 2023
JUDGING BAD GUYS. Part I: The Problem Judges and Judiciary Feb. 21, 2023
Fighting for a “turnaround” Law Practice, Ethics/Professional Responsibility Feb. 6, 2023
Be kind to your reader Law Practice, Appellate Practice Jan. 17, 2023
The Welfare War - Part Four Law Practice, Appellate Practice Jan. 3, 2023
The Welfare War - Part Three Government Dec. 19, 2022
The Welfare War - Part Two Government Dec. 5, 2022
The Welfare War – Part One Government Nov. 21, 2022
Stress-Savers Law Practice, Appellate Practice Nov. 7, 2022
On Unanimous Opinions Judges and Judiciary Oct. 17, 2022
Biting the hand – redux Judges and Judiciary, California Courts of Appeal Oct. 3, 2022
Coercing Religion – Part Two Government, Civil Rights Sep. 19, 2022
Coercing Religion – Part One Constitutional Law Sep. 6, 2022
The Rent Control War - Part Three Real Estate/Development, Government Aug. 15, 2022
The Rent Control War - Part Two Law Practice, Appellate Practice Aug. 1, 2022
The Rent Control War: Part One Real Estate/Development, Government Jul. 18, 2022
A Formative Year Law Practice, Appellate Practice Jul. 5, 2022
Nuremberg: The Movie Government, Entertainment & Sports Jun. 20, 2022
Dressed to deceive Law Practice, Ethics/Professional Responsibility, Appellate Practice Jun. 7, 2022
Biting the hand that feeds me. Part 3: The appearance of justice Judges and Judiciary, Appellate Practice May 16, 2022
Biting the hand that feeds me Part 2: Calendar memos? Law Practice, Judges and Judiciary, Appellate Practice May 2, 2022
Biting the hand that feeds me: Part I Law Practice, Appellate Practice Apr. 14, 2022
THE ART OF DEEP PERSUASION Law Practice, Appellate Practice Mar. 29, 2022
Trial court winners can become appellate court losers Law Practice, Appellate Practice Mar. 22, 2022
Fighting for a ‘turnaround’ Law Practice, Appellate Practice Mar. 7, 2022
A Story Goes to Court: Part III Law Practice, Appellate Practice Feb. 22, 2022
A Story Goes to Court: Part II Law Practice, Appellate Practice Feb. 7, 2022
A Story Goes to Court: Part I Law Practice, Appellate Practice Jan. 18, 2022
When ‘the facts’ are not the facts Law Practice, Appellate Practice Jan. 3, 2022
Appellate Rituals Law Practice, Appellate Practice Dec. 20, 2021
My Most Memorable Client Part IV: The Verdict Law Practice, Appellate Practice Dec. 6, 2021
My Most Memorable Client Part III: The Closing Argument Law Practice, Appellate Practice Nov. 15, 2021
My Most Memorable Client Part II: The Trial Law Practice, Appellate Practice Nov. 1, 2021
My Most Memorable Client Part I: The Alleged Crime Law Practice, Appellate Practice Oct. 18, 2021
A column on columns Law Practice Oct. 4, 2021
‘PETITION DENIED’ California Supreme Court, California Courts of Appeal, Appellate Practice Sep. 20, 2021
More on trial court briefs Law Practice, Judges and Judiciary, Appellate Practice Sep. 7, 2021
What do you think? Appellate Practice Aug. 16, 2021
On trial court briefs: the judges speak Law Practice, Appellate Practice Aug. 2, 2021
On aggressive trial court briefs Law Practice, Appellate Practice Jul. 19, 2021
From the horse’s mouth Judges and Judiciary, Appellate Practice Jul. 6, 2021
Poker an appeals Law Practice, Appellate Practice Jun. 21, 2021
Tenacity Law Practice, Appellate Practice Jun. 7, 2021
Profile left out justice’s most admirable trait Letters, Judges and Judiciary May 19, 2021
On amicus letters Appellate Practice May 17, 2021
Appellate Adventures, Chapter 21: “I Won My Appeal! Now What? Law Practice, Appellate Practice May 3, 2021
Appellate Adventures, Chapter 20: "What Should I Do at Oral Argument" Law Practice, Appellate Practice Apr. 19, 2021
Abolish the peremptory challenge? Criminal Mar. 30, 2021
Appellate Adventures, Chapter 19: "How do I prepare for oral argument?" Law Practice, Appellate Practice Mar. 15, 2021
On justice delayed Law Practice, Judges and Judiciary, California Courts of Appeal, Appellate Practice Mar. 1, 2021
Appellate Adventures, Chapter 18: “How Can I Win at Oral Argument?” Law Practice, Appellate Practice Feb. 16, 2021
Appellate Adventures, Chapter 17: “How to I Write the Appellants Brief?” Law Practice, Appellate Practice Feb. 1, 2021
Bye bye bar exam? State Bar & Bar Associations, Legal Education Jan. 19, 2021
Appellate Adventures, Chapter 16: "What If I Were Writing a Brief for the Respondent?" Law Practice, Appellate Practice Jan. 4, 2021
Appellate Adventures, Chapter 15: "How Do I Write the Introduction and Summary of Argument?" Law Practice, Appellate Practice Dec. 21, 2020
Appellate Adventures, Chapter 14: "More Tips on Writing the Argument" Law Practice, Appellate Practice Dec. 7, 2020
The respondent’s brief Appellate Practice Nov. 16, 2020
Word Counts Law Practice, Appellate Practice Nov. 2, 2020
Adapting to conservative courts Oct. 19, 2020
'Law of the case': Mistakes appellate attorneys see over and over Law Practice, Appellate Practice Oct. 5, 2020
The eviction Real Estate/Development, Law Practice Sep. 21, 2020
The eviction Real Estate/Development, Law Practice Sep. 14, 2020
On Court Law Practice, Appellate Practice Sep. 8, 2020
In pro per Law Practice, Appellate Practice Aug. 17, 2020
Creative brief writing Law Practice, Appellate Practice Aug. 3, 2020
A ‘diploma privilege’? State Bar & Bar Associations, Legal Education, Law Practice Jul. 20, 2020
Read your oral argument??? Appellate Practice Jul. 6, 2020
Joe, part 2 Law Practice, Constitutional Law, Appellate Practice Jun. 16, 2020
Joe, part I Law Practice, Constitutional Law, Appellate Practice Jun. 1, 2020
Home schoolin’ Appellate Practice May 18, 2020
The virus on appeal, part 4 Real Estate/Development, Appellate Practice May 8, 2020
The virus on appeal, part 3 Real Estate/Development, Appellate Practice May 7, 2020
The virus on appeal, part 2 Real Estate/Development, Appellate Practice May 6, 2020
The virus on appeal Real Estate/Development, Appellate Practice May 5, 2020
Legal research, part 3 Law Practice, Appellate Practice Apr. 20, 2020
Legal research, part 2 Appellate Practice Apr. 6, 2020
Legal research part 1 Law Practice, Appellate Practice Mar. 23, 2020
The government lawyer Law Practice, Government, Appellate Practice Mar. 2, 2020
The government lawyer (part 1) Law Practice, Government, Admiralty/Maritime Feb. 18, 2020
Harmless error Law Practice, Appellate Practice Feb. 3, 2020
Write to dream Law Practice, Appellate Practice Jan. 21, 2020
Talking to strangers Appellate Practice Jan. 6, 2020
On law schools, part 3 Law Practice Dec. 16, 2019
On law schools (part 2) Law Practice, Judges and Judiciary Dec. 2, 2019
On law schools (part 1) Law Practice, Judges and Judiciary Nov. 18, 2019
College kids Law Practice, Appellate Practice Nov. 4, 2019
Laying traps Law Practice, Appellate Practice Oct. 21, 2019
Appellate lawyers in trial courts? Civil Litigation, Appellate Practice Oct. 7, 2019
On ‘published’ opinions Law Practice, California Supreme Court, California Courts of Appeal, Appellate Practice Sep. 11, 2019
In defense of a bird Law Practice, Appellate Practice Sep. 3, 2019
Appellate Adventures, Chapter 13, "How Do I Present the Outline of Argument?" Law Practice, Civil Litigation, Appellate Practice Aug. 19, 2019
Appellate Adventures, Chapter 12: "How Can I Use the Statement of Facts to Persuade? Law Practice, Civil Litigation, Appellate Practice Aug. 5, 2019
Appellate Adventures, Chapter 11: “Any More Tips on Drafting a Statement of Facts?” Law Practice, Civil Litigation, Appellate Practice Jul. 15, 2019
Appellate Adventures, Chapter 10: “If It Ain’t Clear, It Ain’t There!” Law Practice, Civil Litigation, Appellate Practice Jul. 1, 2019
Appellate Adventures, Chapter Nine: "Using the Record" Law Practice, Civil Litigation, Appellate Practice Jun. 17, 2019
What if... ? U.S. Supreme Court, Government, Constitutional Law Jun. 4, 2019
Constructing an appellate brief Law Practice, Appellate Practice May 20, 2019
From legal formalist to legal realist Law Practice, California Supreme Court, California Courts of Appeal, Appellate Practice May 6, 2019
Waive oral argument? Law Practice, Appellate Practice Apr. 15, 2019
On dissents Judges and Judiciary, Appellate Practice Apr. 1, 2019
Oral arguments before the California Supreme Court Law Practice, California Supreme Court, Appellate Practice Mar. 4, 2019
Oral arguments before the California Supreme Court California Supreme Court, Appellate Practice Feb. 19, 2019
Resolving Appeals Faster California Courts of Appeal, Appellate Practice Feb. 4, 2019
Resolving Appeals Faster California Courts of Appeal, Appellate Practice Jan. 22, 2019
Finding a fit Nov. 19, 2018
Let’s play ‘Let’s Suppose.’ Law Practice, Appellate Practice Oct. 15, 2018
Who is telling the truth? Law Practice, Appellate Practice Oct. 2, 2018
My campaign manager Government, Appellate Practice Sep. 17, 2018
Not my style Law Practice, Appellate Practice Sep. 4, 2018
Appellate Adventures, Chapter Eight: “How Do I Turn the Facts into a Story?” Law Practice, Civil Litigation, Appellate Practice Aug. 20, 2018
Appellate Adventures, Chapter Seven: "Is the Statement of Facts Important?" Law Practice, Civil Litigation, Appellate Practice Aug. 6, 2018
Appellate Adventures, Chapter Six: "How Do I Write the 'Procedural Facts'?" Civil Litigation, Law Practice, Appellate Practice Jul. 16, 2018
Appellate Adventures, Chapter Five: "Which Facts?" Civil Litigation, Law Practice, Appellate Practice Jul. 2, 2018
Appellate Adventures, Chapter Four: "The Brief: Where Do I Begin?" Civil Litigation, Law Practice, Appellate Practice Jun. 18, 2018
A frivolous appeal Jun. 4, 2018
Should lawyers ‘make up’ stories? Law Practice, Appellate Practice May 7, 2018
More on Losing Law Practice, Appellate Practice Apr. 2, 2018
On Losing Law Practice, Appellate Practice Mar. 19, 2018
Appellate Adventures, Chapter Three: “Let’s Appeal! Now What?” Civil Litigation, Law Practice, Appellate Practice Mar. 5, 2018
On Moot Court Law Practice, Judges and Judiciary, Appellate Practice Feb. 20, 2018
Appellate Adventures, Chapter Two: “What’s the Payout?” Civil Litigation, Law Practice, Appellate Practice Feb. 5, 2018
Appellate Adventures, Chapter One: “The Odds of Winning” Civil Litigation, Law Practice, Appellate Practice Jan. 22, 2018
Strategic reading Law Practice, Judges and Judiciary, Appellate Practice Jan. 8, 2018
Do I make myself clear? Law Practice, Appellate Practice Dec. 18, 2017
Thanks, CLRA Law Practice, Labor/Employment, California Courts of Appeal, Appellate Practice Dec. 4, 2017
Sometimes, an appellate court does find facts Civil Litigation, California Courts of Appeal, Appellate Practice Nov. 20, 2017
What do lawyers actually do? Law Practice, Appellate Practice Oct. 30, 2017
‘Realist’ or ‘formalist’: Part 2 Judges and Judiciary, Appellate Practice Oct. 16, 2017
‘Realist’ or ‘formalist’: Part 1 Civil Litigation, Law Practice, Judges and Judiciary, Appellate Practice Oct. 2, 2017
Can you DIG it, California Supreme Court? Civil Litigation, California Supreme Court, Appellate Practice Sep. 18, 2017
Filing the Notice of Appeal Civil Litigation, Law Practice, Appellate Practice Sep. 5, 2017
Setting up an appeal: Preparing the Statement of Decision U.S. Supreme Court, California Supreme Court, California Courts of Appeal, Appellate Practice, 9th U.S. Circuit Court of Appeals Aug. 21, 2017
Setting up an appeal — in the trial court Civil Litigation, Law Practice, Appellate Practice Aug. 7, 2017
Statement of Facts: Part VII Appellate Practice Jul. 17, 2017
Statement of Facts: Part VI Appellate Practice Jul. 3, 2017
Statement of Facts: Part V Appellate Practice Jun. 19, 2017
Statement of Facts: Part IV Appellate Practice Jun. 5, 2017
Statement of facts: Part III Appellate Practice May 15, 2017
Statement of facts: Part II Appellate Practice May 1, 2017
Statement of Facts: Part I Appellate Practice Apr. 17, 2017
Writs: Part III Appellate Practice Apr. 4, 2017
Writs: Part II Appellate Practice Mar. 20, 2017
Writs: Part I Appellate Practice Mar. 7, 2017
Thinking outside the American appellate box Appellate Practice Feb. 22, 2017
State high court's job, for now, isn't to fix errors Appellate Practice Feb. 7, 2017
On appeal, should we do as the Brits do? Appellate Practice Jan. 18, 2017
Know what the box is before you think outside of it Appellate Practice Jan. 4, 2017
Timing is everything, briefs included Appellate Practice Dec. 22, 2016
It matters Appellate Practice Dec. 6, 2016
Extremely Effective Advocacy Advice Appellate Practice Nov. 22, 2016
Concise is not the same as short Appellate Practice Nov. 8, 2016
You don't need 14,000 words Appellate Practice Oct. 18, 2016
They got it all wrong! Appellate Practice Oct. 4, 2016
Excellence is making the most of what you have to work with Appellate Practice Sep. 20, 2016
Your reply brief should reply, not repeat Appellate Practice Sep. 7, 2016
Preparation is over, it's time for oral argument Appellate Practice Aug. 16, 2016
Practice makes perfect Appellate Practice Aug. 2, 2016
Successful oral arguments require a little clairvoyance Appellate Practice Jul. 18, 2016
Appellate court judicial research staff attorney Appellate Practice Jul. 6, 2016
Appellate advocates, in fact, are not ostriches Appellate Practice Jun. 21, 2016
Weekly Appellate Report Podcast #8 Perulta, Halo & Art of Oral Argument Appellate Practice Jun. 17, 2016
What's the story? Appellate Practice Jun. 7, 2016
Appellate oral arguments should stress justice, not case law Appellate Practice May 17, 2016
Did I say 'law clerk'? Appellate Practice May 3, 2016
Oral argument: if not necessary, waive it goodbye Appellate Practice Apr. 19, 2016
Seeking review in the California Supreme Court Appellate Practice Mar. 16, 2016
Effective examples can give your brief some pizzazz Appellate Practice Nov. 5, 2015
When should clients pursue an appeal? Appellate Practice Sep. 18, 2015
Be aggressively reasonable in your briefs Appellate Practice Aug. 6, 2015
Should you anticipate arguments in opening briefs? Appellate Practice Jul. 7, 2015
Using precedent effectively in your briefs Appellate Practice Jun. 4, 2015
Law clerks at the state high court: then and now California Supreme Court, Appellate Practice May 14, 2015
Briefs: If it ain't clear, it ain't there Appellate Practice May 8, 2015
Should you use footnotes in briefs? Sure, but take it easy Appellate Practice Apr. 3, 2015
The Great Rent Control War Government Dec. 15, 2010
The Great Rent Control War Government Dec. 13, 2010
The Great Rent Control War Dec. 10, 2010
Abolish Oral Argument? Appellate Practice Sep. 9, 2010
Mysteries Of the Writ Appellate Practice Feb. 27, 2010
Mysteries of the Writ Appellate Practice Feb. 25, 2010
The Mysteries of Writs Appellate Practice Feb. 18, 2010
Field Work Jul. 1, 2009
Ill-Suited to Retail Law Office Management Oct. 2, 2007
Title Category Published
On amicus letters Appellate Practice May 17, 2021
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