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As California moves toward interstate cannabis commerce, and courts grapple with whether cannabis social equity provisions can...


Constitutional Law


The divide between the majority and dissent seems to be symptomatic of some murkiness in this area of First Amendment doctrine...


Under current law, victims have little recourse other than filing for Chapter 7 bankruptcy, which destroys their credit.


The ramifications of a Supreme Court ruling on the Act’s scienter requirement could be far-reaching. Since its modernization i...


U.S. Supreme Court, Native Americans, Bankruptcy


The Supreme Court seemed genuinely perplexed as to why the Code was absent any language referencing Indians or Tribes.


Torts/Personal Injury, Government


A bill has been introduced that would ban certain additives found in foods commonly consumed by children. Although California ...


Technology, Judges and Judiciary


Why we write

Apr. 24, 2023

Why AI programs will never come close to producing an opinion as elegant and enduring as Cardozo's Hynes v. N.Y. Cent <...


The duty to account to named beneficiaries typically does not begin until the trust can no longer be revoked. (§ 16069(a).) A ...


Torts/Personal Injury, Civil Litigation


Because it is a rule concerning the presentation of evidence and is not an independent ground of liability, a plaintiff cannot...


Torts/Personal Injury, Civil Litigation


Beyond the financial consequences of this settlement lie deeper and rather more unsettling questions about why Dominion agreed...


U.S. Supreme Court


The doctrine preserves Congress’ power while preventing courts from interpreting a statute in a particular way based on a thin...


The “genuine issue” or “genuine dispute” doctrine is a product of California case law. The doctrine has evolved and mutated ov...


A comparison of ChatGPT and Bard, and a discussion about the usefulness and limitations of each. By Paul Kiesel and Jeffrey Ko...



Torts/Personal Injury, Civil Litigation


While some commentators have characterized Judge Davis’ refusal to enter summary judgment on the “actual malice” element as a ...


Judges and Judiciary


Judicial officers are well-advised to avoid any type of conduct that has the potential not only to create a conflict of intere...


Technology, Law Practice


The client, who is in custody or sitting by themselves at counsel table, starts to talk to the Court about their case, their f...


Civil Procedure, California Supreme Court


If the Supreme Court decides that a court in a non-California forum is one of competent jurisdiction to rule on a motion to c...


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


The prospect of other judges in future cases similarly substituting their own judgment for FDA’s expert scientific determinati...


California Supreme Court


Our state high court exists to maintain consistency and clarity in the law – not to correct errors.


Family, Constitutional Law


Paint it black

Apr. 12, 2023

Juvenile dependency presents somewhat unique issues of mootness.


How "Responsible AI" practices in combination with ESG frameworks can be applied both to mitigate risk and support a corporat...


Government, Criminal


Trump’s greatest deal

Apr. 11, 2023

Trump is a dealmaker and he may yet be able to make his greatest deal of all. The election cycle is just around the corner – o...


Technology, Law Practice


ChatGPT proved to be a liar and a literary fraud in my very first interaction with him, ah … it. How very human. There are man...


Judges and Judiciary


The perils of politics

Apr. 7, 2023

Attorneys – as ambassadors of the courts, please work to help educate others on the importance of judicial independence and ke...


Technology, Law Practice


The ChatGPT moment is not the moment when we decide whether a computer can replace the legal profession. That debate is...


Obituaries, Judges and Judiciary


At judge’s meetings, in fact, at any gathering, when Norm (Justice Norman Epstein) spoke, everyone listened. I remember the fi...


Government, Civil Rights


In 2019, the Trump administration rewrote the Title IX rules via a formal rulemaking process. Schools no longer had an affirma...


Torts/Personal Injury, Government, Civil Litigation


The legislature should make the change permanent, because doing so is both just and feasible.


Alternative Dispute Resolution


A Few Good Mediators

Mar. 30, 2023

While the mediator’s job is not to evaluate the case, the best mediators help the parties adjust their altitudes, bringing the...


Year in Review Column, Administrative/Regulatory, 9th U.S. Circuit Court of Appeals


In 2022, the Ninth Circuit’s notable FCA rulings included one interpretation and application of the FCA’s scienter requirement...