Environmental & Energy, Administrative/Regulatory
Competition and collusion on the road to clean cars
By Peter Damrosch, Matthew Zinn
The historic pattern has been for the manufacturers to work together to derail the development of environmental regulations an...
Labor/Employment, 9th U.S. Circuit Court of Appeals
9th circuit finds ‘paramour preference’ does not violate Title VII
By Kacey R. Riccomini
The court recently determined that “paramour preference” — an employer favoring a supervisor’s sexual or romantic partner over...
Labor/Employment, Corporate, Civil Litigation
‘Women on boards’ law headed to trial
By Virginia F. Milstead, Kasonni Scales
On December 1, after much delay, trial will begin in a lawsuit challenging the validity of Senate Bill 826, California’s law m...
Government, Environmental & Energy, Administrative/Regulatory
Congressional paralysis equals regulatory whiplash
By David C. Smith
The cycle of regulatory ping-pong every four or eight years is not new, but it seems especially pronounced (and absurd) today ...
State Bar & Bar Associations, Letters, Law Practice, Ethics/Professional Responsibility
Paraprofessional opposition appears biased
By Mark B. Baer
I initially had no interest in accepting the Daily Journal’s request to its subscribers to submit articles either in support o...
State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility
Ulterior motive behind push for new legal service models?
By Danny Abir
The Institute for the Advancement of the American Legal System’s pursuit of and support for new legal service models in variou...
Criminal
A look inside AB 490 and limitations on the use of force
By David E. Mastagni
For this new law to be successful, officers will require new training regarding appropriate techniques of arrest control that ...
Labor/Employment
Catching up with California’s newly enacted L&E legislation
By John L. Barber, Nicole Davidson
In the past year, the California Legislature passed multiple bills in the area of labor and employment. This article provides ...
Administrative/Regulatory
California imposes new requirements for automatic subscription renewals
By Kim Phan, Jill Dolan
On Oct. 4, Gov. Gavin Newsom signed Assembly Bill 390 into law, which amends California’s existing law on automatic subscripti...
Labor/Employment, Civil Litigation
Repairing the cracked windshield that is AB 5
By Ronald L. Zambrano
When Assembly Bill 5 — the so-called “gig worker law” — was enacted at the end of 2019, it appeared that California lawmakers ...
Tax, Law Practice
Another settlement taxed because of a poor settlement agreement
By Robert W. Wood
The tax treatment of lawsuit settlements can depend on the wording of the settlement agreement. For example, Debra Jean Blum r...
State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility
Paraprofessional program will perpetuate disparities
By Erin M. Joyce, Raquel Greenberg
The State Bar’s paraprofessional program is unlikely to minimize the justice gap and will result in individuals with insuffici...
Judges and Judiciary, Criminal
Our justice system must become more victim-centric
By Eugene M. Hyman
If the pandemic has had any kind of benefit, it’s that it has raised awareness of the functions and dysfunctions of our courts...
Criminal, Corporate, Administrative/Regulatory
Biden administration signals impending increase in white collar prosecutions
By Robert E. Dugdale
While the iconic comic strip character Dick Tracy took great pleasure in informing the villains he nabbed that “crime doesn’t ...
Technology, Law Practice, Data Privacy, Corporate
Amid surge of breaches, laws may mandate reporting of cyberattacks
By Anita Taff-Rice
In a deeply divided Washington, one thing politicians agree on is that cyber crime is a dark and deepening problem. A new repo...
Technology, Law Practice
Prudently getting up-to-speed about AI and the law
By Lance Eliot
Attorneys, jurists, and others throughout the legal profession need to make sure they are cognizant of what is happening withi...
Civil Litigation
Months after TCPA ruling, footnote leaves long, troublesome tail
By Eric J. Troutman
Footnote 7 of the Supreme Court’s ruling in Facebook v. Duguid undermines the “human intervention” standard that was the forme...
U.S. Supreme Court, Letters, Judges and Judiciary
Judges going on record and the spirit of the Rule of Law
By James P. McBride
I would like to thank Dean Erwin Chemerinsky of UC Berkeley School of law for his Oct. 12 column, “There is no such thing as v...
U.S. Supreme Court, Books
Do justices studiously try to avoid deciding cases on the basis of ideology?
By Marc D. Alexander
A review of Justice Stephen Breyer’s “The Authority of the Courts and the Peril of Politics.”
Family
Compliance with statutory rules ensures premarital agreement enforceability
By Franklin R. Garfield
Given that one out of two marriages ends in divorce (and the absence of any evidence that premarital agreements make divorce l...
Letters, Law Practice, Ethics/Professional Responsibility
Attack on use of paraprofessionals makes weak case
By Mark B. Baer
The Oct. 19 column by James A. Gorton and William L. Winslow, “Evidence to support use of paraprofessionals is missing,” conta...
Immigration, Criminal, Civil Litigation, 9th U.S. Circuit Court of Appeals
9th Circuit misses the mark on California’s private detention ban
By Jackie Gonzalez, Hamid Yazdan Panah
On Oct. 5, the court struck down Assembly Bill 32, California’s ban on private prisons and detention facilities.
Law Practice, Appellate Practice
My Most Memorable Client Part I: The Alleged Crime
By Myron Moskovitz
The following the first installment of a story in four parts, the next three to run Nov. 1, Nov. 15 and Dec. 6. It is adapted ...
Law Practice, Criminal, Books
‘Darrow’s Nightmare: Los Angeles 1911-1913,’ by Nelson Johnson
By Michael L. Stern
In a new book, “Darrow’s Nightmare: Los Angeles 1911-1913,” Nelson Johnson uses trial transcripts, newspaper accounts and othe...
State Bar & Bar Associations, Law Practice
Evidence to support use of paraprofessionals is missing
By James A. Gorton, William L. Winslow
Among all of the reports and analysis commissioned by the State Bar, there is no empirical justification for the proposition t...
Native Americans
NAVRA takes steps to increase the promises left unfulfilled by the Indian Citizenship Act
By Torey Dolan, Blair Tarman
The Native American Voting Rights Act seeks to address ongoing barriers that Native Americans face when voting and preempt or ...
U.S. Supreme Court, Labor/Employment, Civil Litigation
Washington agency boots Santa-clad right-to-work advocates
By Deborah J. La Fetra
The Washington Department of Ecology allows public employee union representatives to communicate with workers in the building’...
Labor/Employment, Health Care & Hospital Law
What to know about LA’s ‘proof of vaccination’ ordinance
By Tal Burnovski Yeyni
The ordinance states that, beginning Thursday, a covered location must display “prominently on its premises” a notification ad...
Labor/Employment, Health Care & Hospital Law
Proceed with caution handling religious exemption requests
By Jamaar M. Boyd-Weatherby
A few issues to consider when an employee requests a religious exemption from a vaccination mandate.
In recent union actions, the vote was not simply about worker pay. With a record number of job openings nationwide and more em...