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Environmental & Energy, Administrative/Regulatory

Competition and collusion on the road to clean cars

Oct. 25, 2021
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

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

Oct. 22, 2021
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

Oct. 22, 2021
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

Oct. 22, 2021
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

The Institute for the Advancement of the American Legal System’s pursuit of and support for new legal service models in variou...


Criminal

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

MCLE
Oct. 21, 2021
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

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

Oct. 21, 2021
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

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

Oct. 20, 2021
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

Oct. 20, 2021
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

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

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

Attorneys, jurists, and others throughout the legal profession need to make sure they are cognizant of what is happening withi...


Civil Litigation

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

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

A review of Justice Stephen Breyer’s “The Authority of the Courts and the Peril of Politics.”


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

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

Oct. 18, 2021
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

Oct. 18, 2021
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

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

Oct. 18, 2021
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...


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

Oct. 18, 2021
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

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

Oct. 15, 2021
By Jamaar M. Boyd-Weatherby

A few issues to consider when an employee requests a religious exemption from a vaccination mandate.


Labor/Employment

The key to resolving strike woes

Oct. 15, 2021
By Angela Reddock-Wright

In recent union actions, the vote was not simply about worker pay. With a record number of job openings nationwide and more em...