This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...
Columns

    Filter by date
     to 
    Search by Category
    Search by Headline

Environmental & Energy, Constitutional Law

The Framers knew that divisions of power between governments and their branches would promote individual liberty and they thus...


The Racial Justice Act and Young's broad interpretation force courts to squarely address racial bias in the system, and...



Law Practice, Appellate Practice

Great Workout Arthur

Aug. 1, 2022

Because he failed to notify the court that held the probation violation hearing of defendant’s imprisonment within 30 days aft...


There have been several lawsuits involving the use or storage of biometric information which have resulted in multi-million do...



With the stablecoin meltdown of early May, and the recent collapses of cryptocurrency hedge funds like Three Arrows Capital, t...


Law Practice, Appellate Practice

The time for the plaintiff in Sanchez to fish or cut bait on admissible evidence should have come later - when and if t...



Appellate Practice, Law Practice

The discharge and substitution of jurors rests within the sound discretion of the trial court. The decisions are reviewed on a...


A shelf can facilitate several different types of offerings including at-the-market offerings, equity lines of credits, block ...



Insurance, Health Care & Hospital Law

The Second Appellate District's recent decision in Marina Pacific Hotel & Suites, LLC v. Fireman's Fund Insurance Co., No....


When a local official provokes the ire of fellow members, rather, the only remedy is some form of public reproval. Historicall...



Judges and Judiciary

Former California Chief Justice Rose Elizabeth Bird was many things. One thing she was not: recalled.


Law Practice, Government

Attorney general of Texas has threatened the law firm of Sidley and Austin with criminal prosecution for paying expenses assoc...



Pinpointing the date of separation is a highly fact-based process that requires a court to consider the parties’ expressed int...


Abusers have been known to try to interfere with their victims’ use of contraception, access to information, or have used coer...



Confidentiality provisions are increasingly common in personal injury cases. Plaintiffs’ lawyers must take precautions to prot...



Environmental & Energy, California Courts of Appeal

Litigation is not a solution to address the broadest public policy challenges, and in the end, it is the lawyers who end up wi...


Environmental & Energy, U.S. Supreme Court

After West Virginia v. EPA, the Biden Administration’s plans to tackle the climate crisis will likely (and necessarily) extend...



Unlike a sports agent who preserves communications with and about a specific client, leagues face countless limitations and re...


Appellate Practice, Covid Columns, Law Practice

At a basic level, we learned online visual meetings can greatly enhance our communications and negotiations.



Civil Rights, Government

There will be litigation over when government employees’ speech can be prohibited because it is within the scope of their duti...


It is a reflection of 19th century values that Fremont was tried and convicted of disobedience, but not of genocide.



The Field case reminds both plaintiffs and defendants that crafting evasive discovery responses can hurt you in the long run –...



International Law, Alternative Dispute Resolution

International arbitration has long been a favored form of dispute resolution because of its efficiency, finality, and other sa...


If government lawyers abandon professionalism under the pressure of politics, polarization and careerism, one pillar of our Re...



To date, Biggs has asserted he is a retired lawyer. Eastman is being investigated by the California state bar and Guiliani has...


Military Law, Health Care & Hospital Law, Government

Clear and unmistakable error is not defined in the statute, and efforts to parse the legislative intent have muddied the alrea...



U.S. Supreme Court, Education Law, Civil Rights

The Supreme Court decided Carson v. Makin (20-1088) yesterday, holding Maine violated parents' Free Exercise rights by excludi...


Labor/Employment

Some of my colleagues from the plaintiff’s bar have been quick to point out a potential silver lining in the outcome. I think ...