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Government, Civil Rights

Bias against trans women also manifests in the enforcement of Penal Code section 653.22, resulting in the criminalization of “...


U.S. Supreme Court, Civil Rights

Thompson v. Clark: Criminal prosecution gains clarity

Apr. 7, 2022
By Robert L. Bastian Jr.

Thompson resolves a circuit split on whether a section 1983 plaintiff alleging malicious prosecution must show that his crimin...


Law Practice, Appellate Practice

Tapped as replacement counsel? Consider the risks.

Apr. 7, 2022
By Shari L. Klevens, Alanna G. Clair

One of the first tasks for replacement counsel is often putting out fires. If discovery is going poorly or there was an advers...


Judges and Judiciary, Government

Those who know Judge Carter are unsurprised by his decision. A former prosecutor, he has built a reputation as a no-nonsense j...


Judges and Judiciary, Government

If people are not sitting around the table going over the data and recommending changes to the legislature, then our prisons w...


Litigation & Arbitration, Civil Litigation

Any comparison to three-dimensional chess, however, is insufficient by itself to illuminate the nearly unlimited facets of pro...


Judges and Judiciary, Immigration, Government

New interim asylum rules a mixed blessing

Apr. 6, 2022
By Eli M. Kantor, Jonathan D. Kantor

Under the new rule, immigrants at the border will not be placed in removal proceedings and have their asylum application heard...


Entertainment & Sports, Civil Litigation

Chris Rock v. Will Smith – the civil case scenario

Apr. 5, 2022
By Michael E. Rubinstein

It should be noted that words alone do not constitute an assault – and the law does not allow one to strike another based on w...


Government

Bear With Us

Apr. 5, 2022
By Benjamin G. Shatz

Our Bear Flag is one of America’s most distinctive flags and scores highly in vexillological rankings for design and beauty.


What if a mechanics lien claimant records a mechanics lien, the owner records a mechanics lien release bond, and the mechanics...


Real Estate/Development, Law Practice

Researching a book on the history of the Irvine Ranch introduced me – sadly posthumously – to two Los Angeles attorneys who se...


U.S. Supreme Court, Ethics/Professional Responsibility

It is inconceivable but true that SCOTUS is the only judicial entity in the land that does not have a binding set of ethics co...


Legal Education

The state Senate has scheduled a hearing on its SB 1288 for April 6, 2022 and will feature former San Francisco Mayor and Cali...


Litigation & Arbitration

Arbitration: In the beginning was the word

Apr. 4, 2022
By Curtis E.A. Karnow

There’s something deeper which breeds faith in the written words of a contract. It is the ancient conceit that words reflect t...


Legal Education, Intellectual Property, Contracts

One might bristle at the hypocrisy of the best practices issue presented. Should professors mask their past exams? Should they...


Ethics/Professional Responsibility, Civil Rights

In the age of social media, one’s words can take on a life of their own, regardless of disciplinary consequences and First Ame...


Companies pay promoters to place their gear in gift bags so stars will use them, hopefully on camera.


U.S. Supreme Court, California Supreme Court

RBG teaches through example that we should “sweat the small stuff.” The opinion should contain only the “stuff” that is german...


Litigation & Arbitration

Relief for Indigent Parties Facing the Cost of Arbitration

Apr. 1, 2022
By Ogochukwu Victor Onwaeze


Real Estate/Development, Land Use

If a condition of approval requires future action, it is possible that a claim regarding implementation of the condition could...


Labor/Employment, Judges and Judiciary

The April 20, 2022 Judicial Mentor Program Outreach Workshop targeting people with disabilities is groundbreaking. Other court...


Government, Family

In an era where more and more parties share the right and responsibility to co-parent their children, the traditional rational...


When you are dealing with the IRS — and this is true when you are dealing with the California Franchise Tax Board — timelines ...


International Law, Government

Speaking truth to power

Mar. 31, 2022
By Joseph W. Cotchett Jr.

For those who truly know Joe Biden – he spoke truth to power and had the moxie to stand up on behalf of all the children, wome...


U.S. Supreme Court, Litigation & Arbitration, Labor/Employment

Viking River cruises through oral argument

Mar. 31, 2022
By Steven B. Katz

Nothing happened in the argument to suggest that the predictable majority has evaporated. Overall, the justices in the predict...


U.S. Supreme Court, Ethics/Professional Responsibility

Ginni Thomas’ words and actions have caused some academic and other commentators to find that Justice Thomas should have recus...


Tax, Government

Californians suffering from high inflation, especially at the gas pump, would be justifiably angry to learn that state politic...


U.S. Supreme Court, Ethics/Professional Responsibility

The question remains: what are Justice Thomas’ ethical obligations now and into the future should another election or Jan. 6 c...


Government, Criminal

While the elements of the battery charge have been met, there is also the practical side. The LAPD is reluctant to make an arr...


U.S. Supreme Court, Law Practice, Appellate Practice

While my study cannot say anything about how Judge Jackson may vote or what her jurisprudence may look like if elevated to the...