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...
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...
Constitutional Law, Criminal, U.S. Supreme Court
Justices consider statutory text limits
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. ...
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...
What happens if the officer was mistaken about the facts or the law such that, with the proper information considered, the off...
U.S. Supreme Court, Constitutional Law, Criminal
Ruling may lead to more lifetime bans on gun possession
A recent opinion by the U.S. high court may significantly expand the class of Californians prohibited for life from possessing...
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, Criminal, Constitutional Law
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'...
The U.S. Supreme Court's docket has been filled with blockbuster cases in recent years. Will the upcoming term continue that t...
Erwin Chemerinsky reviews The Great Dissent: How Oliver Wendell Holmes Changed His Mind - and Changed the History of Free S...
Tips on how to have a successful mediation. ...
Erwin Chemerinsky discusses what should we look for at the gay marriage oral argument at the U.S. Supreme Court in which advoc...
UC Hastings law professor Rory Little on why liberals and and conservatives alike should embrace "standing" in the Prop. 8 sam...
The doctrine of "minimum contacts" takes on a new dimension when applied to a defendant who does business only over the Intern...
Cases on the U.S. Supreme Court's upcoming docket look to be as significant as those on last term's. ...
Don't be fooled - a public reproval for attorney misconduct can tarnish your image and hurt your business. ...
Know thy adversary - what the State Bar considers when deciding to close an inquiry or investigation. ...