Law Practice
Some lawyering ‘rules’ were meant to be broken, part 2
By Arash Homampour
Law is a rules-based profession for a reason. Attorneys are trained to understand and interpret basic to complex rules that in...
Law Practice, Government, Civil Rights
Does LA’s homelessness crisis justify federal court intervention in local affairs?
By Ernest Galvan
The harms to the unhoused and to all of us have become too severe to be excused by doctrines of federal deference.
Criminal
Ruling: Criminal defense attorneys must provide detailed, up-to-date immigration advice to clients
By Dmitry Gorin, Alan Eisner
A recent appellate ruling may come as a surprise to the defense bar, which might have assumed that general, even categorical, ...
Law Practice, Judges and Judiciary, 9th U.S. Circuit Court of Appeals
Q&A with 9th Circuit Judge Milan D. Smith, Jr.
By William Domnarski
As much as any federal judge in the country, Milan D. Smith, Jr. of the 9th Circuit represents the ideal in public service, go...
Alternative Dispute Resolution
The irrelevance of the relevance objection in arbitration
By Christopher David Ruiz Cameron
I’m often asked: When examining witnesses, my opponents like to ask questions that have nothing to do with the case. Why don’t...
Entertainment & Sports
Recent developments in the right of privacy
By Neville L. Johnson, Douglas L. Johnson
A dressing room invasion and a dispute between neighbors are the subjects of recent appellate decisions.
Labor/Employment
Restored EDD unemployment benefits requirements and reigniting the workforce
By Angela Reddock-Wright
One of the more interesting outcomes of the COVID-19 pandemic has been the reluctance of many workers to go back to their prio...
Environmental & Energy
No on/off switch for climate change, but maybe there’s a dimmer
By Gerald George
A year ago, the country was led by someone who railed against climate change as a hoax, and whose underlings were forbidden to...
Law Practice, Judges and Judiciary
Lawyers and judges: Mitigating public demonization and division
By George Nicholson
Our nation and our people are strongly but fairly evenly divided. Both sides claim the high ground. Too many of us irrationall...
The Smartnail is being offered by a nail Salon called Lanour Beauty Lounge in Dubai, United Arab Emirates. The wearer can shar...
Government, Environmental & Energy
Environmental justice: Rules of the road are changing fast
By Peter Hsiao
When the 15 agencies of the executive branch unite behind a core goal, it is time to take notice.
Technology, Law Practice
Fabled paperclip maximizer saga elicits AI and law lessons
By Lance Eliot
A longstanding parable in AI is that there might someday be a super-intelligent system that would seek to attain a human-provi...
U.S. Supreme Court, Constitutional Law
Finality burden lightened, but intact, after takings decision
By Derek P. Cole
Led by its conservative majority, the U.S. Supreme Court has actively reshaped takings jurisprudence in recent years.
A five-justice majority of the California Supreme Court recently held that appellate courts owed no deference to a trial court...
Civil Rights, California Supreme Court
State Supreme Court can fix conservatorship lawyering mess
By Thomas F. Coleman
It is time to approach the officials with ultimate responsibility over legal ethics and the delivery of competent legal servic...
Insurance, Education Law
Who will ultimately bear the financial burdens of COVID?
By Geoffrey Stover
No one plans a pandemic, but ultimately someone must pay for it. In the United States, lawmakers have responded to the crisis ...
U.S. Supreme Court, Government
When the high court doesn’t respect voting rights: What can we do?
By Laura W. Brill
In Brnovich v. Democratic National Committee, a six-justice U.S. Supreme Court majority sent a message to the country: If you...
Tax, Intellectual Property, Entertainment & Sports, Civil Litigation
Taxing the Kardashians’ recovery in recent IP infringement lawsuit
By Robert W. Wood
Sisters Kourtney, Kim and Khloe Kardashian won their suit for royalties from the makeup line Kardashian Beauty.
In these bi-monthly columns, I pontificate on appellate brief writing from my lofty perch as an appellate know-it-all. But do ...
The objective of this article and accompanying self-study quiz is to familiarize readers with California law and motion proced...
Law Practice, Ethics/Professional Responsibility
Alzheimer’s: Will you know what to do?
By Robert M. Heller
Part 2: The duties owed by partners of afflicted lawyer
Law Practice, Civil Litigation
Meeting and conferring with unrepresented litigants: Proposals and pointers
By Mitchell R. VanLandingham
Many attorneys anticipate the meet-and-confer process as eagerly as a dentist visit, but it can nonetheless prove useful; in m...
U.S. Supreme Court
To anyone considering donating to a nonprofit: great news
By Jeremy B. Talcott
The U.S. Supreme Court has upheld your constitutional right to privacy of association. On July 1, in a 6-3 opinion in American...
Alternative Dispute Resolution
Picking a peacemaker: Is there a secret formula to picking the right mediator?
By Christopher Keele
In my many years as a litigation and trial lawyer, I recommended and helped select a lot of mediators. I also participated in ...
Civil Litigation
Will employers get to arbitrate California’s exploding representative action lawsuits?
By Paul S. Cowie, Amanda E. Beckwith
The U.S. Supreme Court has another opportunity to finally end the battle over the enforceability of pre-dispute arbitration ag...
Q&A with Justice Candace Cooper (ret.) of the 2nd District
By Robert Gagnier
Candace Cooper, formerly of the 2nd District Court of Appeal, discusses her experience on the bench.
Ethics/Professional Responsibility
Don’t live in tech ethics peril: Ethics reforms need your attention
By Erin M. Joyce
California’s historic adoption of new ethics rules in 2018 is now behind us, but the switch to the American Bar Association’s ...
Technology, Law Practice
Adapting our laws to rein in AI before things get woefully out of hand
By Lance Eliot
Some assert that the advent of AI has increasingly become unruly and is precipitously veering toward lawlessness. AI systems a...
Construction, Civil Litigation, California Courts of Appeal
Construction Corner: Enter equitable subrogation
By Garret D. Murai
Typically, subrogation is a matter of contract and the rights and responsibilities of parties are set forth within the terms o...
Civil Rights
Cruelty will not solve the ‘homelessness problem’ in LA
By Lorraine A. Lopez
According to data from the last Homeless Count in 2020, the city will have to house more than 66,000 people. Now it’s time to ...