U.S. Supreme Court, Government
State secrets rulings favor ignorance over knowledge
By Erwin Chemerinsky
In the first week of March, the U.S. Supreme Court issued two decisions which expand the “state secrets privilege” and make it...
Notably, Assembly Bill 2289 isn’t an income tax at all; rather, it would be America’s first bona fide wealth tax.
California Supreme Court, Banking
State high court sides with lenders in loan modification process
By Ian A. Rambarran
In a landmark decision sure to have a significant impact on the real estate banking industry, the California Supreme Court dec...
Law Practice, Civil Litigation
ADA lawsuits filings continue steady annual pace upward
By Kristina M. Launey
Lawsuits filed by individuals with disabilities alleging they were denied access to a business’ goods or services due to acces...
Constitutional Law, Appellate Practice
The ‘advisory opinion’ doctrine of our appellate courts
By David M. Axelrad
If you settle a case on appeal and then ask the court to dismiss the case as moot, don’t be surprised, particularly where a de...
Probate, Family
Appellate ruling shows trust’s modification method must be followed
By Michael J. Fedalen, Bruce Givner
A recent decision is a helpful caution that the modification provisions of a trust must be carefully followed and that there i...
U.S. Supreme Court, Civil Rights, Books
Justice John Marshall Harlan's vision of America, founded on the concept of equality for all
By Michael L. Stern
In "The Great Dissenter," Peter S. Canellos delves into Justice John Marshall Harlan's life experiences and judicial philosoph...
Family, Contracts
Unconscionable spousal support waivers will not be enforced
By Franklin R. Garfield
Whether an unconscionable waiver of spousal support in a premarital agreement signed prior to 2002 is enforceable has been the...
Law Practice, Judges and Judiciary, Government, California Supreme Court
What the ‘endemic’ means for the courts
By Saveena Takhar
Chief Justice Tani Cantil-Sakauye is fully embracing Gov. Gavin Newsom’s endemic phase and seeks to transition the courts to “...
Law Practice, Family, Covid Columns
Masks in court: Longing for the old days while embracing the new norm
By Travis I. Krepelka
The job of a judge or jury is made much harder if they can see only someone’s eyes, or only the upper portion of a person’s bo...
Technology, Data Privacy
Bad blood between Meta, EU sends troubling free speech signals
By Joshua R. Lastine
Legislators in the European Union are drawing plans to dictate how its citizens’ user data gets transferred to the U.S., and a...
Law Practice
Battle for Eastman’s emails: Scenes from the courtroom
By Michael Stockstill
Late in the afternoon on Wednesday, Carter issued a decision: He will read the emails and their attachments in camera, and the...
Criminal
Mental health diversion provides for pretrial resolution of serious felony cases
By Dmitry Gorin, Alan Eisner
Given its broad scope and promise of a complete dismissal of charges upon completion of a treatment program, effective defense...
The latest round of ballot measure insanity attempting to restrict fees in contingency matters is extremely dangerous.
U.S. Supreme Court, Criminal
An 'occasion' to reconsider policies leading to mass incarceration
By John R. Mills
On Monday, the U.S. Supreme Court dealt with an issue that could provide a roadmap for limiting the excesses of creatively sta...
“Business and Commercial Litigation in Federal Courts” (5th ed. 2021), edited-in-chief by Robert L. Haig, is immensely valuabl...
Criminal, Constitutional Law
Ending involuntary servitude in California
By Gay C. Grunfeld, Marc J. Shinn-Krantz
While the 13th Amendment to the U.S. Constitution prohibits slavery and involuntary servitude for some, it contains a loophole...
U.S. Supreme Court, Letters, Land Use
Justice’s dissent outlines way forward in dispute over increasing Berkeley enrollment
By John Hsu
I have read a number of the Daily Journal’s recent articles regarding the dispute between Save Berkeley’s Neighborhood and the...
While litigants accept the inevitability of pretrial arguments over jury instructions, the process by which these instructions...
Labor/Employment, Government
‘Made in America’ should mean ‘Made with Dignity’
By Maria Elena Durazo, Teddy Kapur
We need political willpower and cooperation among officials to hold bad actors accountable for wage theft in L.A.
Brief paints clearest picture yet of culpability for January 6 riots
By John H. Minan
The House Select Committee continues to investigate the causes that contributed to the violence at the Capitol on January 6, 2...
Businesses around the world are facing substantial financial impact from Russia’s invasion of — or war against — Ukraine. The ...
U.S. Supreme Court, Constitutional Law, Civil Rights
Case pits LGBTQ access to public accommodations against vendors' First Amendment rights
By Sanford Jay Rosen, Thomas Nolan
Against the backdrop of the LGBTQ equal rights legal movement over the last half century, a case the U.S. Supreme Court agreed...
Ignoring front-line employee concerns backfired for Elizabeth Holmes. How is it working for America’s most notorious progressi...
U.S. Supreme Court, Government, Constitutional Law
Major questions about the major questions doctrine
By Alison Somin
Don’t miss the broader legal significance of the Supreme Court’s vaccine-or-test cases.
There’s a reason more senior attorneys rely on referrals for business development: It’s one of the profession’s surefire ways ...
Construction, Civil Litigation, California Courts of Appeal
Despite admission, roadway contractor can’t avoid liability
By Garret D. Murai
For the roadway contractor, it appeared to be an open-and-shut case due to an admission of liability. But that wasn’t how the ...
Legal Education
An alternative option for renaming UC Hastings College of the Law
By Kris Whitten
There is a speedier solution that might be the ticket — one that few will probably embrace but most can live with (aka a good ...
Letters, Judges and Judiciary
Disabled candidates are lacking in judicial appointments
By Mark S. Siegel
In three years, the governor’s appointment rate of people with disabilities is less than 1%. It is also my understanding that ...
U.S. Supreme Court, Administrative/Regulatory
An opportunity to reckon with the truth of cannabis prohibition
By David C. Holland
In a case that asks whether the federal Controlled Substances Act preempts certain state workers’ compensation law, the U.S. S...