If a jury finds that a civil plaintiff has proven each element of its claim, does it necessarily follow that the plaintiff has...

Because there are never any appeals by people with disabilities in limited conservatorship proceedings, appellate judges have ...

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...

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

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

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

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...

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

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

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

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...

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

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

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

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

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

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

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

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

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...

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

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...

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...

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

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

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