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Columns

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Law Practice, Judges and Judiciary, Appellate Practice

Blind as a Bat

Feb. 4, 2019

On bats and rules for writing opinions, which I violate with agonizing regularity.


Constitutional Law, Civil Rights

Even if Mark Twain never actually said, “Whiskey is for drinking; water is for fighting over,” nowhere is this maxim better il...



U.S. Supreme Court, Military Law, Government

Remedies to the military sexual assault situation require attention by both Congress and the U.S. Supreme Court. Even a presid...


For the past six years (2013-2018), I have counted the number and type of motions that were heard in Department 15. I then pre...



Law Practice, Judges and Judiciary

Bookends

Jan. 7, 2019

This is my first column for the year 2019. It picks up some themes from my last column in 2018. You might consider the two col...


Environmental & Energy, Administrative/Regulatory

It is all but certain that the USDA and FDA will play a role in regulating various aspects of slaughter-free meat, but the det...



Military Law, Law Practice

Many civilian lawyers in California join the California State Military Reserve to serve and support the people of California.


U.S. Supreme Court, California Supreme Court, State Bar & Bar Associations

Could last summer’s decision in Janus v. AFSCME, forbidding states from allowing unions to garnish wages of nonmember employee...



Law Practice, Judges and Judiciary

Thanks, and I mean it

Dec. 3, 2018

This, my last column for the year, leans toward the sentimental, but I hope not the maudlin.


Law Practice, State Bar & Bar Associations

The State Bar of California is embarking on a comprehensive review of the discipline system for bias, including racial, ethnic...



Governor Edmund G. Brown Jr. today announced Joshua Groban as his choice for associate justice of the California Supreme Court.


Law Practice

On Oct. 17, the American Bar Association’s Standing Committee on Ethics and Professional Responsibility issued Formal Opinion ...



Law Practice

Over the years I have participated in so many panel discussions that I lost count. But the panel I was on last week made an im...


Civil Rights, Constitutional Law

The U.S. government began regulating falconers and falconry practices in the 1970s. In 2008, the regulations were modified to ...



Law Practice, Judges and Judiciary

When the doors of this fifth principal courthouse opened six decades ago, it was heralded as the "Dream Courthouse" and the "C...


Law Practice

As of Jan. 1, 2019, veterans sentenced prior to Jan. 1, 2015 will have an opportunity to go back to court and ask for a senten...



Native Americans, Family, Constitutional Law, Civil Rights

The Indian Child Welfare Act, and potentially tribal sovereignty, suffered a significant setback last week when a federal cour...


U.S. Supreme Court, Constitutional Law

This term the Supreme Court has a chance to overturn a decades-old decision that kept many property owners out of federal courts.



Law Practice, Criminal

October is National Domestic Violence Awareness Month. For years, law enforcement agencies, social service providers, non-gove...


The new Rule 5.5 modifies former Rule of Professional Conduct 1-300, titled “Unauthorized Practice of Law.”



It does not always occur to attorneys to formally close the matter internally and to send a file closing letter to a client.


Law Practice, Judges and Judiciary

Take a look around you. Consider what is occurring throughout the country. An uneducated citizenry and one predominantly educa...



There are countless reasons why people who are sexually assaulted or abused do not report what happened: It’s painful. It’s em...


Military Law, Government, Criminal

This article not a judgment on the merits of capital punishment or its appropriateness in these cases, which include defendant...



California Supreme Court

Earn MCLE credit reviewing a recent Supreme Court case dealing with a conflict waiver that didn't quite get the job done.


Given the requirement to promptly refund unearned advance fees, once the disputed funds are identified and segregated, lawyers...



Probate, California Supreme Court

In a case of first impression, a California Court of Appeal recently held that only trustees and beneficiaries under a current...


Law Practice, Judges and Judiciary

Walking into the inner sanctum of a judge’s chambers, I immediately felt a sense of awe. Sure it was filled with lots of diplo...



Real Estate, Environmental & Energy, Administrative/Regulatory

The affordable housing crisis in California is longstanding and well known. A recent California Court of Appeal decision addre...


Judges and Judiciary, Family

If you stop by family court for an hour, you will see lawyered-up C-suite executives and self-represented day laborers sitting...