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U.S. Supreme Court, Constitutional Law

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


Judges and Judiciary, Law Practice

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...


Immigration, Constitutional Law, U.S. Supreme Court

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...


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

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 ...



Labor/Employment, Civil Litigation

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



Law Practice, Judges and Judiciary

More than 43,000 adults with intellectual and developmental disabilities are living under the protection of California courts....


Two new laws restricting the creation and distribution of so-called “deepfake” videos – Assembly Bills 602 and 730 – will beco...



Military Law, Civil Rights

The law isn’t doing the job. The #MeToo Movement hasn’t made a difference. What about the movies?


Appellate Practice

Zygote!

Jan. 6, 2020

New Year’s opening: no resolutions. At my age, it’s too late. And no clichés about it never being too late.



Civil Litigation, 9th U.S. Circuit Court of Appeals

With the new year quickly approaching, now is a good time to reflect on the 9th U.S. Circuit Court of Appeals’ significant cas...


Government, Constitutional Law

Hurricane Harvey. Words that struck fear into many Texans a couple of years ago. The pain still lingers — as does the litigati...



Labor/Employment

The new laws, most of which take effect Jan. 1, 2020, cover a wide area from wage and hour and work classification to hairstyl...


Law Practice, Corporate, Banking

Finding efficient solutions for high profile clients



Fifty years ago, President Lyndon B. Johnson signed the federal Fair Housing Act with the goal to “guarantee a basic American ...


Judges and Judiciary

Ballot designation blues

Dec. 11, 2019

In October 2017, Gov. Jerry Brown signed into law Senate Bill 235, which amended Elections Code Section 13107 to call for the ...



Law Practice

A veteran’s access to a lawyer can mean the difference between living under a roof or under a bridge


California Courts of Appeal, Family

A recent case has deepened a split of authority in dependency law. The split concerns one of the most frequently litigated gro...