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Columns

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Technology, Constitutional Law


Enacted 30 years ago through careful legislative deliberation, Section 230 remains the internet's strongest bulwark for free e...


Education Law, Civil Rights, Administrative/Regulatory


As the Supreme Court considers transgender athlete bans, a wave of new Title IX investigations signals another turning point i...


A recent Daily Journal guest article mischaracterizes ABA Opinion 518, wrongly suggesting that mediator's proposals imply lega...


ABA Formal Opinion 518 reshapes but does not eliminate the ability of skilled mediators to ethically guide parties from litiga...


SB 440 offers broader, more protective change order remedies for private works, providing a model to improve AB 626 before its...


Military Law, Civil Rights


The 1917 Houston incident exposed how entrenched racism, mob violence, and profound due process failures led the U.S. Army to ...


California's new $435 divorce option will help some couples, but won't address the real cost drivers: too few family court jud...


Family, Alternative Dispute Resolution


Private mediation in divorce cases allows parties to resolve disputes confidentially and efficiently, significantly reducing b...


Jon B. Eisenberg's claim of pension fraud is false: I continued judicial work and other significant judicial branch activities...


Alternative Dispute Resolution


Extreme opening offers in mediation remain ritual, not strategy--inviting deadlock over dialogue and raising the question: Wha...


Insurance, Alternative Dispute Resolution


The independence and credibility that define effective monitoring counsel often mirror the qualities that make for a skilled m...


Intellectual Property, Family


When spousal support is owed but assets are intangible, like copyrights, courts may face unusual enforcement questions--as sho...


Criminal


Judicial diversion lets courts pause misdemeanor cases, set conditions and dismiss them on completion--but DUI, domestic viole...


This piece doesn't pick sides but questions whether federal domestic terrorism statutes could plausibly apply to Renee Good--o...


Evidence


Proposed federal evidence rule would require AI-Generated evidence to meet same standard as expert witnesses.


Guide to Legal Writing, Alternative Dispute Resolution


Clear, concise and strategically written mediation briefs matter as much as trial briefs because they shape how neutrals under...


In 2025, California courts and the Department of Insurance clarified that "direct physical loss or damage" from fires and smo...


More than a year after the Eaton and Palisades fires, many families still cannot rebuild because insurers quietly shortchange ...


Civil Procedure, Civil Litigation


Remote depositions offer undeniable efficiencies in time and cost, but they also raise serious concerns about witness coaching...


When a spouse files for bankruptcy amid divorce proceedings, family law attorneys face complex questions about automatic stays...


Generative AI may be transforming the world, but arbitrators remain notably cautious, if not resistant, to letting it into the...


Art Law


Long before today's trade wars, tariff disputes helped shape the legal definition of art--forcing courts to draw lines between...


In California, plaintiffs alleging sexual misconduct must clear high procedural and substantive hurdles to litigate anonymousl...


Tax, Corporate, Alternative Dispute Resolution


Executive terminations carry unique risks for both companies and individuals, but a skilled mediator can help parties navigate...


Alternative Dispute Resolution


Cultural awareness allows lawyers to do more than resolve disputes--it helps clients feel understood in the process.


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


A divided 9th Circuit wrongly extended First Amendment protection to a University of Washington professor's offensive, non-ped...


With trust account compliance reviews expanding in 2026, now is the time for California attorneys to adopt stronger recordkeep...


While FEHA already provides for fee recovery, an offer to compromise remains a powerful, underutilized tool that can bolster p...


For Iranians, U.S. foreign policy isn't just unpredictable--it's dangerous, as shifting statements and unclear signals from Wa...


SB 37 redefines "truthful and not misleading" for an era when AI, vendors and influencers often blur the line between real leg...