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

District Judge Roger T. Benitez applied the Supreme Court’s Heller test, holding that California’s ban was unconstitutional (a...


U.S. Supreme Court, Constitutional Law

On December 1, the Supreme Court’s engagement on the topic of abortion was much more public and formal. A nearly two-hour-long...



U.S. Supreme Court, Constitutional Law

To argue that prohibiting states from restricting pre-viability abortions allows the Supreme Court to avoid the philosophical ...


Government, Military Law, Law Practice

It’s beginning to look a lot like bias / Everywhere you go / Take a look at Cal and the feds, not listening once again / Just ...



U.S. Supreme Court

Along the California coast, we have a case where the rhetoric of property and liberty have met the reality of the California C...


Government, Civil Rights

Houses of worship must be kept safe, secure and welcoming for all members and visitors. And we must come together to stand in ...



Environmental & Energy, Administrative/Regulatory

The U.S. Environmental Protection Agency recently issued a “Strategic Roadmap” that sets forth the agency’s comprehensive plan...


Law Practice, U.S. Supreme Court, State Bar & Bar Associations

The majority of federal district courts -- including those in California -- have enacted local rules requiring admission to th...



Civil Litigation, Technology, Data Privacy, 9th U.S. Circuit Court of Appeals

The federal appellate court recently issued an important ruling that helps clear the way for accountability for the private co...


U.S. Supreme Court, Constitutional Law, Civil Litigation, California Supreme Court

For several decades now, the federal and California courts have been debating -- blessedly, not to the point of fisticuffs -- ...



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

The U.S. Supreme Court on October 29 agreed to review a 9th Circuit decision that broadly construed the right of individuals t...


Unfortunately, in recent months a Big Lie about the California Environmental Quality Act has been popping up around California...



Government

Think outside the prison

Nov. 12, 2021

The largest U.S. infrastructure-focused budget should include investment in dedicated inpatient facilities for mentally ill an...


To paraphrase “Hamlet,” “Separated, or not separated — that is the question” The date of separation is legally the date of the...



The bill embodies a new, more just approach in which government initiates and completes the process for reducing, dismissing, ...


Congress recently floated a proposal to halve the estate and gift tax exclusion, effective January 1. As of this writing, this...



Beginning next year, a new state securities law will significantly reduce the out-of-pocket cost of raising up to $300,000 in ...


State Bar & Bar Associations, Letters, Law Practice

Danny Abir’s recent column unfairly characterizes an organization and individuals with a proven record in expanding access to ...



Judges and Judiciary, California Supreme Court

As Americans question the capacity of their institutions to serve them effectively and people around the world voice doubts ab...


State Bar & Bar Associations, Letters, Law Practice

I initially had no interest in accepting the Daily Journal’s request to its subscribers to submit articles either in support o...



State Bar & Bar Associations, Law Practice

The Institute for the Advancement of the American Legal System’s pursuit of and support for new legal service models in variou...


Judges and Judiciary, Criminal

If the pandemic has had any kind of benefit, it’s that it has raised awareness of the functions and dysfunctions of our courts...



U.S. Supreme Court, Labor/Employment, Civil Litigation

The Washington Department of Ecology allows public employee union representatives to communicate with workers in the building’...


Immigration, 9th U.S. Circuit Court of Appeals

A pair of 9th Circuit cases will examine what the Constitution requires Congress to do when confronted with the present-day ef...



Law Practice

As wide-ranging as the practice of law is, so too is the range of potential legal malpractice claims. But, at their core, many...


Criminal, Constitutional Law, Civil Rights

You’ve been arrested and charged with a crime. You’ve been denied pretrial release, and you don’t have the money for bail. So ...



Insurance, Civil Litigation, 9th U.S. Circuit Court of Appeals

Three recent 9th Circuit rulings held that business income and extra expense losses incurred following business closures order...


Criminal, Civil Rights

There are many ways to answer the question of whether the drug wars are racist, and all of them are “yes.” In California, spec...



Law Practice, Judges and Judiciary

My warranty is up

Oct. 5, 2021

I am optimistic that Supreme Court justices who read this column will take my advice and write shorter opinions.


Mexican-Americans faced horrifying discrimination in this country. In her book “All For One & One For All,” author Amy Wat...