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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...



U.S. Supreme Court, Constitutional Law

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...


Civil Litigation, Judges and Judiciary

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...


U.S. Supreme Court, Criminal

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. ...



Constitutional Law, U.S. Supreme Court

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...


U.S. Supreme Court, Constitutional Law, Criminal

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...


Criminal, Constitutional Law, 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...



Constitutional Law, U.S. Supreme Court, Criminal

What happens if the officer was mistaken about the facts or the law such that, with the proper information considered, the off...


Constitutional Law, U.S. Supreme Court, Criminal

A recent opinion by the U.S. high court may significantly expand the class of Californians prohibited for life from possessing...



Criminal, U.S. Supreme Court

The U.S. high court recently issued an opinion explicating the elements of a federal aiding and abetting charge, providing the...


U.S. Supreme Court, Constitutional Law, Criminal

On Monday, the U.S. high court granted certiorari in a case in which a litigant's right to a fair trial collides with the law'...



Law Office Management

The U.S. Supreme Court's docket has been filled with blockbuster cases in recent years. Will the upcoming term continue that t...


Books, Constitutional Law

The Great Dissent

Aug. 2, 2013

Erwin Chemerinsky reviews The Great Dissent: How Oliver Wendell Holmes Changed His Mind - and Changed the History of Free S...