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California Courts of Appeal

A new day has dawned with the California Supreme Court’s approval of new Rule 3.3, Candor Toward the Tribunal, last November. ...


Because 150 people became homeless every day, homelessness rose by 12% last year. We will never end homelessness if we only he...



Corporate, Mergers & Acquisitions

While the expense associated with sophisticated M&A counsel may seem excessive, especially to first-time sellers, the real...


Among the flurry of bills signed by Gov. Gavin Newsom in October were Assembly Bill 61 and Assembly Bill 1493, which expand th...



Criminal, California Supreme Court

The California Supreme Court recently brought welcome clarity to the law of the kill zone theory. But even after the latest ru...


Law Practice, Civil Rights

Elijah Cummings, Daniel Goodman and George Washington.



Law Practice, Judges and Judiciary

WARE R U?

Nov. 4, 2019

Contempt for education threatens democratic institutions.


Administrative/Regulatory, U.S. Supreme Court, Constitutional Law

The Supreme Court should prevent further erosion of the lines drawn by the Constitution and strike down the CFPB's for-cause r...



Constitutional Law, Government

Law enforcement agencies in San Diego County were early adopters of hand-held facial recognition technology. Now these SoCal c...


Civil Rights, Judges and Judiciary, Law Practice

The system looks good on paper. However, in actual practice it is terrible. The rights of seniors and other adults with disabi...



Criminal

What is a kill zone?

Oct. 31, 2019

Understanding the myriad sources of confusion


Civil Litigation, Law Practice, Judges and Judiciary, Criminal

The whole truth

Oct. 30, 2019

Even our friends who lack a J.D. know, a witness typically swears that she will tell not just the truth, and not just nothing ...



Judges and Judiciary

Bankers know to the penny how much money they are managing in their financial institution. Elections are based on the actual n...


Criminal, California Supreme Court, California Courts of Appeal

Shocks: after or fore?

Oct. 22, 2019

The California Supreme Court’s strict circumscription of the “kill zone” theory in a recent case was no doubt designed to shor...



Constitutional Law, U.S. Supreme Court, Criminal

My radical proposal is this: Where a state court misapplies — or even cites and then ignores — Supreme Court precedent, the Su...


Tax, Government

The California Exodus

Oct. 9, 2019

How to stay golden when migrating from the Golden State



Government, Constitutional Law

Impeachment

Oct. 8, 2019

Shouting and blasting from synagogues to Washington DC


Judges and Judiciary, Civil Rights

The Judicial Council has been misinforming the judiciary about the requirements of the Americans with Disabilities Act since t...



Intellectual Property

Over the past 230 years, patent law has adapted to accommodate new types of technology. The adaptations can be slow, inconsis...


In a 4-3 decision, and after many months of deliberation, the Arizona Supreme Court issued a narrow ruling on Sept. 16 in Bru...



Judges and Judiciary

Judges should be held to the highest of ethical standards, and there's no reason they should keep a reward, like a pension, if...


U.S. Supreme Court, Constitutional Law

A bankruptcy proceeding isn’t ordinarily what you think of as a Supreme Court blockbuster. But when the bankruptcy proceeding ...



Government, Civil Rights

The Los Angeles City Council is on the verge of enacting our own Right to Counsel Program, providing legal counsel to tenants ...


State Bar & Bar Associations, Law Practice

The California Judicial Council is scheduled to adopt new rules requiring conservatorship attorneys to receive education on a ...



Environmental & Energy

With climate change at our doorstep, our state leaders know we don’t have time to wait until the next drought to create a more...


Law Practice

Sometimes, a lawyer might be the first responder



Civil Litigation, California Supreme Court

In a recent case of first impression, the California Supreme Court considered whether settling with a party in a multiparty to...


Civil Litigation, Government

Assembly Bill 1270 (Stone) is an attempt to expand the False Claims Act to allow the attorney general, local prosecutors and p...



Criminal, Constitutional Law, California Supreme Court

The California Supreme Court has rejected the government's attempt to require a youth probationer, as a condition of release, ...


Criminal, Constitutional Law, California Courts of Appeal

The Jagged Shore

Aug. 20, 2019

The shore defining the boundary of indigent defendants' constitutional right to forestall or forego liability for certain asse...