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Alternative Dispute Resolution

A Chinese proverb says, “Be not afraid of growing slowly, be afraid only of standing still.” With the abrupt shut down of all ...


Criminal, Judges and Judiciary, Constitutional Law

Broadly adopting remote appearances as a rule in the criminal context raises significant constitutional concerns.



Military Law, Government

For the past few decades, we have thought of the National Guard as being citizen soldiers, prepared to give up their civilian ...


Law Practice, Constitutional Law, Civil Rights

Batson’s prohibition is easy to articulate, but significantly harder to enforce.



Government, Constitutional Law

Although the state’s constitutional and statutory framework provide the governor with significant concentrated authority in a ...


Health Care & Hospital Law, Criminal

Governor Newsom should address the COVID-19 crisis by addressing the prison overcrowding crisis. Our prisons are so badly over...



Although Avenatti’s misconduct appears especially obvious in hindsight, many practitioners undoubtedly come closer to the line...


The “Varsity Blues” case in federal criminal court involving actress Lori Loughlin alleged illegal actions to improperly admit...



Labor/Employment

The coronavirus outbreak has caused concern for companies worldwide as they navigate and plan for its impact on their business...


The Daily Journal is a legal periodical. Right? Any reader who disagrees, I advise not to read the remainder of this column.



Military Law, Health Care & Hospital Law

Justice Eileen Moore, a veteran, reviews several important developments in veterans’ law at both the state and federal level.


Government, Labor/Employment

One-size-fits-all solutions never fit anyone very well. That is especially true when it comes to picking a career. California ...



Constitutional Law, U.S. Supreme Court

When Justice Clarence Thomas dissented from the denial of certiorari last week in Howard and Karen Baldwin v. U.S., he lamente...


Law Practice, Judges and Judiciary

Algorithms might persuade, but only humans can be persuaded.



Labor/Employment

The increasing use of arbitration clauses, coupled with class action waivers in standard employment agreements, has led to a d...


U.S. Supreme Court, Immigration, Constitutional Law

The federal government will defend the constitutionality of a law that prohibits “encouraging” or “inducing” undocumented nonc...



Labor/Employment, Civil Litigation, Alternative Dispute Resolution

Judge Kimberly Mueller issued a detailed written ruling earlier this month in which she stressed that the plaintiffs are “like...


California’s law dictating the number of women who must be hired to the boards of publicly traded California corporations (whe...



Criminal, Constitutional Law

The Sixth Amendment right to confront entails, among other things, the right to have a witness “physical[ly] presen[t]” in cou...


Civil Litigation, California Courts of Appeal

The unlikely setting of a depublication request in a recent case reveals the extent to which California lemon law litigation h...



What do the American Bible Society, Consumer Reports, Girl Scouts of the USA, and Sierra Club have in common? All of them use ...


Judges and Judiciary

The judicial career of the recently-passed Los Angeles County Superior Court Judge Philip Saeta is one that deserves more than...



Law Practice, Judges and Judiciary

Consider to what extent an incident, a moment in our past, is significant within the endless chain of what we think is cause a...


State Bar & Bar Associations, Legal Education, Law Practice

Americans, especially Californians, celebrate meritocracy, the idea that what what we do matters more than where we are from. ...



Law Practice, Judges and Judiciary

At the end of each year, for the past seven years, I have counted the number and type of motions that were decided in Departme...


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

In the almost two decades since 9/11, our nation has slowly started to restore the balance among the three branches of governm...



Government, Administrative/Regulatory

Reforming the internet

Jan. 17, 2020

Recognizing the sea change in information technology in the 21st century, Congress is finally beginning to consider in earnest...


Legal profession surveys consistently show a persistent, systemic inclusivity problem: at 70% male and 88% white it is one of ...



Civil Litigation, Labor/Employment

As 2019 drew to a close, the National Labor Relations Board issued a number of notable National Labor Relations Act decisions,...


U.S. Supreme Court, Constitutional Law

One leap forward and two missed steps