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Law Practice, Judges and Judiciary

Dangerous fictions

May 22, 2020

Legal fictions are problematic because we’re in the truth-finding business. These fictions are dangerous for judges, because ...


As lawyers, we are trained to examine facts, uncertainty is unsettling. We are goal oriented, so future ambiguity is disturbin...



U.S. Supreme Court, Government, Criminal

On May 7, the U.S. Supreme Court dealt a blow to prosecutors policing public corruption under federal property fraud statutes ...


A discussion about lawyering and trauma during the shutdown.



Judges and Judiciary

For the most part, courts have functioned pretty much the same way for centuries, with lawyers, clients, witnesses, judges and...


Military Law, Law Practice

Up and down the state, judges, lawyers, court personnel and justice partners have been dedicating themselves to their mission ...



U.S. Supreme Court

Can you imagine if the text of a U.S. Supreme Court opinion had no citations at all? You actually don’t have to.


State Bar & Bar Associations, Law Practice

The always forward-thinking New York City Bar Association has urged adoption of a humanitarian exception to its ethics rules t...



Health Care & Hospital Law, Civil Litigation

Women are uniquely impacted by the coronavirus. Domestic violence has surged; industries in which women provide an outsized po...


This is the first in a new interview series through which Mallika Kaur will explore with lawyers from various practice areas t...



Law Practice

Obscenity

May 4, 2020

No intended obscenity in this column. So why the title? Because like so many other concepts based on beliefs or values, obscen...


State Bar & Bar Associations, Legal Education

Every year roughly 24,000 students graduate from ABA-accredited law schools and begin the arduous and time-intensive preparati...



Most lawyers are living under an unusual form of house arrest, spending our days at home except for brief, masked forays on ur...


Law Practice, Judges and Judiciary

Undoubtedly you did not purchase this newspaper to read this article. By the time it is in print it shall be marginally out-of...



The main effect of the means test is that it has increased the amount attorneys charge consumer filers since the form requires...


Law Practice, Judges and Judiciary, Civil Litigation

Size does matter, but not in the way you might think.



State Bar & Bar Associations, Legal Education

Advocates characterize diploma privilege as a reasonable defense of students who navigate strained finances, immigration strug...


Judges and Judiciary, Civil Litigation

I hear the clamor at the courthouse doors: “I need this pandemic thing to end, at least in so far as it interferes with my lit...



Military Law, Law Practice, Civil Rights

Veteran service organizations fight for and support veterans as new concerns arise, including veterans’ issues resulting from ...


Nearly 1,400 signatories have signed onto a letter to the Supreme Court of California, respectfully requesting an order granti...



Judges and Judiciary

Needing a haircut

Apr. 14, 2020

Reflections on lockdown.


Six days after Gov. Newsom declared a state of emergency, the LA Alliance for Human Rights, a coalition of business interests ...



Correctional health experts have made clear that flattening the curve also requires significantly depopulating prisons, jails,...


Law Practice

House arrest

Apr. 6, 2020

Now I know what it’s like. I am under house arrest. Yes, I know I am not the only one. But I have a probation officer. Her nam...



Law Practice, Judges and Judiciary

This past weekend, California Chief Justice Tani G. Cantil-Sakauye, with the approval of the Judicial Council, took several ex...


“Let’s call it what it is — a disgrace – that the richest state in the richest nation, succeeding across so many sectors, is f...



Alternative Dispute Resolution

A Chinese proverb says, “Be not afraid of growing slowly, be afraid only of standing still.” With the abrupt shut down of all ...


Judges and Judiciary, Criminal, Constitutional Law

Broadly adopting remote appearances as a rule in the criminal context raises significant constitutional concerns.



Military Law, Government

For the past few decades, we have thought of the National Guard as being citizen soldiers, prepared to give up their civilian ...


Law Practice, Constitutional Law, Civil Rights

Batson’s prohibition is easy to articulate, but significantly harder to enforce.