Criminal
Renewed focus on rehabilitation in state criminal proceedings
By Dmitry Gorin, Alan Eisner
During the so-called “tough on crime” era, the pendulum in California sentencing swung heavily in favor of prioritizing punish...
Education Law, Covid Columns
Closed schools are legal and humanitarian violations
By Amir Torkamani
It is now a matter of scientific consensus that schools — especially elementary schools — can reopen for in-person learning wi...
Bankruptcy
New homestead exemptions, personal guaranties: Time to negotiate?
By Catherine E. Bauer
As of Jan. 1, the California homestead exemptions have changed significantly. Section 704.730 of the Code of Civil Procedure i...
Real Estate/Development, Administrative/Regulatory
Families with companion animals face additional struggles during pandemic
By Elizabeth Holtz
Families with companion animals face additional stressors, trying to pay for their animals’ care and securing animal-friendly,...
Judges and Judiciary, Covid Court Ops
Why don’t we just shut down the courts?
By Mary Thornton House
Lest anyone forget: Superior court judges and staff are essential workers.
If you don’t spend a lot of time on #appellatetwitter, you may have missed a recent momentous event in citation history.
U.S. Supreme Court, Criminal, Constitutional Law
Supreme Court hears case on ‘hot pursuit’ exception
By Gary Schons
Last week the U.S. Supreme Court heard oral argument in a case which stemmed from a driving under the influence with priors pr...
In the wee hours of March 3, 1991, the tragic Rodney King incident took place in Los Angeles. It impacted police policy and tr...
Judges and Judiciary
Jack Weinstein at 100: A visionary for our legal institutions in 2021
By Aaron J. Fischer
Walking into the Brooklyn courtroom of the legendary federal judge, the first thing you saw was an empty elevated bench.
Law Practice
AB 596: A Trojan horse bill diminishes the right to counsel
By Thomas F. Coleman
A measure relating to appointed legal counsel in probate conservatorships was recently introduced into the California Assembly.
Civil Litigation
Court to decide scope of Amazon’s liability for defective products
By Jeremy K. Robinson
Following oral argument on Feb. 23, the 2nd District Court of Appeal appears poised to expand the reach of last year’s Bolger ...
Construction, California Courts of Appeal
‘Substantial completion’ in construction defect cases
By Garret D. Murai
Those in the construction industry know that the two primary statutes of limitation applicable to construction defects are the...
Letters, Judges and Judiciary, Appellate Practice
Delays are far longer than need to ‘get it right’
By Jon B. Eisenberg
My complaint to the Commission on Judicial Performance focuses on appeals where a few justices of the 3rd District have inargu...
Judges and Judiciary, Appellate Practice
The other 3R’s: reversed, remanded, reassigned
By Benjamin G. Shatz
Have you heard about Houston federal judge Lynn N. Hughes of the Southern District of Texas? He’s become infamous for making “...
Labor/Employment, Corporate
Bill would build on previous #MeToo nondisclosure agreement laws
By Eliot J. Rushovich
The newly introduced California Senate Bill 331 would build on other laws passed in the wake of the #MeToo movement, further d...
Securities, Corporate, Administrative/Regulatory
The SEC wants to know who’s in your Clubhouse
By Nicolas Morgan, Thomas A. Zaccaro
The SEC may see Reg FD as a useful tool to score a few wins in the face of mounting pressure to “protect” retail investors and...
Civil Litigation, California Courts of Appeal
Court of Appeal ruling muddies the waters on punitive damages
By Timothy D. Reuben
Every lawyer is always interested in guidance about punitive damages, but unfortunately the 2nd District Court of Appeal has m...
U.S. Supreme Court, Civil Litigation, 9th U.S. Circuit Court of Appeals
Can state anti-SLAPP laws apply in federal court?
By Krista L. Baughman
A long-running dispute between former President Donald Trump and Stormy Daniels (aka Stephanie Clifford) has come to a close, ...
U.S. Supreme Court, Constitutional Law
Lease of a lifetime! Can property owners ever challenge San Francisco’s gift to tenants?
By Deborah J. La Fetra
San Francisco lost sight of a simple truth when it decided that condo conversions presented an opportunity to require property...
Law Practice, Judges and Judiciary, California Courts of Appeal, Appellate Practice
On justice delayed
By Myron Moskovitz
Appellate maven Jon Eisenberg recently filed a complaint with the Commission on Judicial Performance, naming three judges sitt...
Law Practice, Judges and Judiciary, California Courts of Appeal, Appellate Practice
Expedition vs excellence
By Arthur Gilbert
To follow up on last month’s column “Revelations,” this column centers on, not centers around, opinion writing.
Telling effective stories is hard; telling effective stories through the mouths of unwilling and generally uncooperative witne...
U.S. Supreme Court, Criminal, Books
A client’s crisis becomes a legal crisis: A domestic violence ruling goes global
By Caroline Bettinger-López
In 2005, the U.S. Supreme Court issued a vexing decision in Castle Rock v. Gonzales. There, the court found that a do...
Civil Litigation
California’s UCL and CLRA: Open issues for 2021 and beyond
By Stephen J. Newman
California’s Unfair Competition Law and Consumers Legal Remedies Act remain the most litigated consumer protection statutes in...
Criminal, Constitutional Law, Civil Litigation
Self-incrimination and restraining orders in California
By Dean Hansell, Bryant Y. Yang
In part two of this two-part series, we examine how the privilege against self-incrimination affects proceedings under the DVP...
State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility
A regulatory ‘sandbox’ that will turn to quicksand
By Arash Homampour
We’ve all heard the phrase “If it ain’t broke, don’t fix it.” But attempting to do so can backfire and cause more harm than go...
Constitutional Law, Civil Rights
School desegregation in California before Brown
By John S. Caragozian
This story is set in the 1940s in California’s Orange County, then rural and agriculture-dependent. Owing to the era’s relativ...
Law Practice, Judges and Judiciary, Civil Rights
A better criminal justice system
By Eugene M. Hyman
We need a criminal justice system that’s prepared to serve as the caretaker of the community. We also need more domestic viole...
Labor/Employment, Government, Entertainment & Sports
Time to address delay in Talent Agencies Act rulings
By Rick Siegel
Forced by statute, anyone with a breach of contract claim that can be arguably insinuated as subject to the Talent Agencies Ac...
Government, Civil Litigation
Dominion’s $1B suit against Giuliani may expose truth
By John H. Minan
The company alleges that Rudy fraudulently deceived millions of people into believing that Dominion had stolen their votes and...