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Columns

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Alternative Dispute Resolution


As a result of COVID-19, we all have experienced a state of seemingly unrelenting fear and panic, with family and health conce...


Health Care & Hospital Law, Data Privacy


On Jan. 21, the Department of Health and Human Services issued a notice of proposed rulemaking to modify the HIPAA privacy rul...


U.S. Supreme Court, Constitutional Law


To collect $1,200 plus interest, a Nebraska county took Walter Barnette’s land worth $25,000 and gave it to an investor. Walte...


The California Judges Association has established an Award that will be given every three years to an exceptional judicial out...


When the Federal Rule of Civil Procedure 23 was amended in late 2018, one of the amendments opened the door to using electroni...


Law Practice


Next in the Negotiating Trauma & the Law Series, Professor Ty Alper speaks about representing clients on death row; being ...


Judges and Judiciary, Appellate Practice


Revelations

Feb. 1, 2021

Well-known appellate attorney Jon Eisenberg complained to the Judicial Performance Commission about delays in filing opinions ...


On President Joe Biden’s first day in office, the Department of Homeland Security announced that it would stop adding people t...


Civil Litigation


Personal jurisdiction can be a powerful tool against forum shopping by the filing plaintiff. It is imperative to spot the issu...


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


Do you have the right to privately support charities and causes you believe in? And what standard applies when the government ...


Immigration, Appellate Practice


Pants on fire

Jan. 12, 2021

In two cases this term, the U.S. Supreme Court will provide guidance on how appellate courts are to review the credibility of ...


Law Practice, Judges and Judiciary


Looks like our Democracy is intact. Whatever one’s politics or rationale for positions extreme and otherwise, the courts maint...


Judges and Judiciary, Government


Few people outside the legal profession realize that Luis Cespedes, the governor’s newly named Judicial Appointments Secretary...


Law Practice, Judges and Judiciary, California Supreme Court


When it comes to terminology that is acceptable in legal briefs and judicial opinions, the California Style Manual is the bibl...


Despite statutory limitations, over the decades the California Coastal Commission’s mission and jurisdiction have steadily met...


Government, Criminal


Newly elected Los Angeles County District Attorney George Gascón is clearly a man on a mission to create new laws, whether the...


Law Practice, Judges and Judiciary


A well-reasoned appellate opinion came to my attention the other day. Its conclusion upheld the social decision-making rights ...


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


Footage will provide a far richer and more accurate understanding of the legal issues and evidence presented during the trial ...


Tax, Law Practice


A combination of the evolving nature of lemon law litigation in California under the Song-Beverly Warranty Act and changes to ...


Real Estate/Development, Law Practice, Judges and Judiciary


Across the country, most judicial proceedings have ground to a halt. But not eviction cases.


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


In a recent case the Supreme Court must grapple with a question of fundamental importance to any system of popularly accountab...


Law Practice, Judges and Judiciary


301*

Dec. 7, 2020

Granted, I made a big deal about my 300th column. When I brought it up in conversation, others would change the subject. I ack...


Government, Constitutional Law, Administrative/Regulatory


To ensure that agencies act within the law’s confines, courts, especially the Supreme Court, must hold those agencies accounta...


There are typically about 5,000 federal job openings that a new administration needs to fill; prospective Cabinet and sub-Cabi...


Notwithstanding constitutional limitations, the Legislature has provided that in probate conservatorship proceedings — cases i...


Constitutional Law, Appellate Practice


Of late, the California Supreme Court has devoted a fair bit of its time to resolving ambiguities in several of the recently a...


Judges and Judiciary, Law Practice


The COVID-19 pandemic has forced courts all over the state to quickly adapt to new modes of operation. Civil operations in Ora...


Judges and Judiciary, Law Practice


Settlements are often largely within the control of the parties to structure to bring a case to resolution. However, when sett...


Next in the Negotiating Trauma & the Law series, Protima Pandey speaks about why her experiences across nonprofit, public,...


Data Privacy, Civil Litigation


Data privacy law is quickly becoming the hottest legal issue of the 2020s. Over the previous decade — amid the rapid growth of...