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Since 1979, a select group of hand-picked individuals from the State Bar's Special Master's List have been responsible for car...


As currently written, two bills in the U.S. Senate would only apply to state projects intended to improve guardianship and abu...



Civil Rights

All attorneys should be aware that federal law requires government entities and businesses to provide reasonable accommodation...


Administrative/Regulatory, 9th U.S. Circuit Court of Appeals, Environmental & Energy

Earlier last month, the 9th Circuit issued three opinions that together addressed whether counties in Hawaii are preempted fro...



U.S. Supreme Court

A recent Supreme Court case striking down a law as unconstitutionally vague has quickly become the most frequently cited case ...


Civil Rights

For judges and attorneys who interact with litigants who have cognitive disabilities, every single day must be disability awar...



In the meantime, some 32,000 people with disabilities in California will be kept from the polls in November. By Thomas F. Cole...


A federal appellate court recently held that cellphone users do not have a reasonable expectation of privacy in their cellphon...



Constitutional Law, U.S. Supreme Court

A federal appellate court recently held that cellphone users do not have a reasonable expectation of privacy in their cellphon...


Constitutional Law, Criminal

Congress should support the Stopping Mass Hacking Act and encourage legislative and public scrutiny of remote access searches ...



Civil Litigation

If there were an Oscar awarded to the most overlooked provision in the California Code of Civil Procedure, it might go to Sect...


Judges and Judiciary, Civil Litigation

Is there a way for a judge to "look up" the ordinary meaning of a word in a statute other than by using a dictionary? The acad...



Judges and Judiciary

Adults with developmental disabilities are receiving deficient legal services in limited conservatorship proceedings. By Thoma...


Criminal, U.S. Supreme Court

Dueling canons

Jun. 3, 2015

What if, in a single case, two canons of construction each require a different result? This question may underlie a criminal s...



U.S. Supreme Court, Criminal

The U.S. Supreme Court's five-page opinion in a recent case may spawn further litigation that will command great public attent...


Expert Advice

Just because a married couple can file jointly doesn't mean they should. ...



Civil Litigation, Law Practice

What are attorneys to do if they wish to compromise a case with an incentive to encourage payment on schedule? For starters, t...


Appellate Practice

Our legal system presupposes a considerable number of contested hearings and a fair number of appeals. Appellate courts play a...



Health Care & Hospital Law

The conservatorship process for adults with developmental disabilities is broken. By Thomas F. Coleman ...


Law Office Management

Concise arguments may be made using the (oft-ignored) parenthetical. ...



U.S. Supreme Court, Constitutional Law

When the U.S. Supreme Court held that a traffic stop based on a reasonable mistake of law by a police officer does not violate...


Criminal, Constitutional Law, U.S. Supreme Court

When may an anonymous tip provide the basis for reasonable suspicion to allow a police officer to stop and briefly detain an i...



Constitutional Law, U.S. Supreme Court

When officers stop a car for a traffic violation, they may employ a trained dog to sniff the vehicle for drugs. But how long m...


Constitutional Law, Criminal, U.S. Supreme Court

Can a person be guilty of federal bank fraud even where his scheme contemplates no deception of a bank? ...



In the ordinary criminal case, if an accused's conduct is prohibited by the plain text of a statutory provision, the person is...


Law Office Management

The Urge to Exclaim

Sep. 2, 2014

In legal writing, don't give in to the urge to exclaim. ...



Law Office Management

Your Own Style

Aug. 2, 2014

Even in legal writing, find your own style to create compelling communication. ...


Books, Constitutional Law

Erwin Chemerinsky is impressed and disturbed by Richard Epstein's The Classic Liberal Constitution. ...



The case may resolve a split between the 9th Circuit and the California Supreme Court as to whether proof of subjective intent...


Constitutional Law, U.S. Supreme Court

Crawford v. Washington's interpretation of the Sixth Amendment's confrontation clause made quite a splash when first handed do...