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It is not enough to be competent with the “black letter” principles. Lawyers will be competent only if they are aware of the ...


There’s a legitimate debate about how best to balance public coastal access with private property rights. But there should be ...



Law Practice, State Bar & Bar Associations

Yet another example of the sacrifices military families make


Judges and Judiciary, State Bar & Bar Associations

On April 17, the Southern California Chinese Lawyers Association will celebrate its Forty Fourth Anniversary at a dinner at th...



Law Practice, California Supreme Court

Our Selma

Apr. 3, 2019

“Our Selma” is an apt description of this person we so love and respect. This affectionate possessive was how retired Supreme ...


Law Practice, Civil Rights

New York did it. San Francisco and Newark did it. Philadelphia, Cincinnati, Connecticut and other jurisdictions are considerin...



Civil Litigation, Constitutional Law

Manufacturers may soon find themselves back in the hot seat after a March 14 decision from the Connecticut Supreme Court.


Brenda F. Harbin-Forte, a judge on the Alameda County Superior Court, has researched and written about African-American women ...



Gov. Gavin Newsom made history by declaring a moratorium on executions in California and even tweeting out images of the execu...


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

The 9th Circuit recently upheld a Santa Monica ordinance regulating short-term rentals companies. This decision is a win not j...



Criminal, Constitutional Law, California Courts of Appeal

The schizophrenic Sixth

Mar. 20, 2019

The Bible may say, “No one can serve two masters.” But do these words of wisdom apply to the Sixth Amendment’s right to counsel?


Civil Litigation, California Supreme Court, Appellate Practice

Projected admissibility

Mar. 18, 2019

A July 2017 paper on quantum mechanics suggests the future influences the present. Our Supreme Court appears to have to come t...



The new tax law created an incentive program which encourages investors to make long-term financial investments in opportunity...


Judges and Judiciary, California Supreme Court

The funds may be used to defray the travel expenses of law students and graduate students needing to access archival materials...



In recent years, courts have shown little hesitation in imposing severe sanctions on attorneys if the court determines that th...


In the battle between desire for public access and environmental preservation, respecting property rights is the best solution



Law Practice, Judges and Judiciary

Take a breath

Mar. 4, 2019

When I use commas, it’s so the reader can take a break.


In September, California became the first state to ban the sale of most cosmetics tested on animals. The passage of Senate Bil...



Judges and Judiciary, State Bar & Bar Associations, Law Practice

On Wednesday, in the first part of this series I urged dissolving barriers among members of the legal profession. Here, I note...


Intellectual Property, U.S. Supreme Court

The Patent Office’s new guidance aims to upend the Supreme Court’s decision in Alice v. CLS Bank on two fronts.



Law Practice, Judges and Judiciary

Congress never intended to allow these fees to be set so high.


Law Practice, Judges and Judiciary, State Bar & Bar Associations

Trial judges and appellate justices rarely interact across their courts. Judges and lawyers have sporadic, desultory contact a...



California Supreme Court, Civil Litigation, California Courts of Appeal, Alternative Dispute Resolution

Attorneys may be surprised to learn that there is no clear roadmap when it comes to employing the cost-shifting mechanisms of ...


This conundrum presents these attorneys with a veritable Sophie's Choice: assert their legal claims and disclose privileged in...



Military Law, Labor/Employment

Lawyers might want to keep in mind that what appears to be a run-of-the-mill employment situation may be anything but. When ve...


Civil Litigation, Law Practice

As of Jan. 1, 2019, a key component of settlement agreements in California — the release of unknown claims and waiver of Civil...



What are the ethical responsibilities of overzealous lawyers who seek to “win” at all costs (“Rambo tactics”), including the t...


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...