Constitutional Law, Cannabis
As California moves toward interstate cannabis commerce, and courts grapple with whether cannabis social equity provisions can...
The divide between the majority and dissent seems to be symptomatic of some murkiness in this area of First Amendment doctrine...
Bankruptcy
Under current law, victims have little recourse other than filing for Chapter 7 bankruptcy, which destroys their credit.
U.S. Supreme Court
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.
A bill has been introduced that would ban certain additives found in foods commonly consumed by children. Although California ...
Why AI programs will never come close to producing an opinion as elegant and enduring as Cardozo's Hynes v. N.Y. Cent <...
Wills, Estates & Trusts
The duty to account to named beneficiaries typically does not begin until the trust can no longer be revoked. (§ 16069(a).) A ...
Because it is a rule concerning the presentation of evidence and is not an independent ground of liability, a plaintiff cannot...
Beyond the financial consequences of this settlement lie deeper and rather more unsettling questions about why Dominion agreed...
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...
While some commentators have characterized Judge Davis’ refusal to enter summary judgment on the “actual malice” element as a ...
Judicial officers are well-advised to avoid any type of conduct that has the potential not only to create a conflict of intere...
The client, who is in custody or sitting by themselves at counsel table, starts to talk to the Court about their case, their f...
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...
Our state high court exists to maintain consistency and clarity in the law – not to correct errors.
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...
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...
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...
Attorneys – as ambassadors of the courts, please work to help educate others on the importance of judicial independence and ke...
The ChatGPT moment is not the moment when we decide whether a computer can replace the legal profession. That debate is...
At judge’s meetings, in fact, at any gathering, when Norm (Justice Norman Epstein) spoke, everyone listened. I remember the fi...
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.
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...