Civil Litigation, Government, Environmental & Energy
California’s cap and trade agreement with Quebec: Treaty with a foreign government?
By Joshua A. Bloom
The Trump administration, through the Department of Justice, has sued California, alleging that the state’s Quebec agreement i...
U.S. Supreme Court, Civil Litigation, Environmental & Energy
US Supreme Court set to determine the scope of the Clean Water Act
By Amanda D. Barrow
The justices will hear oral argument Wednesday in a closely-watched case could carve a gaping loophole in the Clean Water Act’...
Civil Litigation, Alternative Dispute Resolution
Forced arbitration: where Rights go to die
By Jahan C. Sagafi, Michelle Erickson
Ballooning corporate power and substantial erosion of the public sphere have caused a yawning chasm between rich and poor. One...
U.S. Supreme Court, Government, Constitutional Law, Administrative/Regulatory
The worst deference doctrine few have heard of: Brand X
By Adi Dynar
It essentially empowers agencies to overrule federal-court decisions by unilaterally altering the meaning of statutes the cour...
U.S. Supreme Court, Civil Litigation, Intellectual Property
Will the U.S. Supreme Court curtail the USPTO’s fee grab?
By Bobby Ghajar, Marcus Peterson
Given the statutory language, the importance of the so-called “American Rule” to the issue of fee shifting, and the public pol...
Among the flurry of bills signed by Gov. Gavin Newsom in October were Assembly Bill 61 and Assembly Bill 1493, which expand th...
The issuance of an appellate opinion prompts jubilation for the winners and despair for losers. And why shouldn’t it? The appe...
Environmental & Energy, Corporate
Climate change lawsuit alleges violation of shareholder protection statute
By John H. Minan
The case is not about whether climate change is real or caused by human activity. Those issues are conceded by Exxon. Rather, ...
The California Supreme Court recently brought welcome clarity to the law of the kill zone theory. But even after the latest ru...
Law Practice, Appellate Practice
Home field advantage: Making the most of your reply
By Adam Hofmann
Just as in baseball, where the home team always gets to bat last, the appellant always gets the last (written) word in the for...
Elijah Cummings, Daniel Goodman and George Washington.
I was drawn to the facts, not the law. These episodes are becoming disturbingly common. And calling the participants “drunk” i...
Contempt for education threatens democratic institutions.
Law Practice, State Bar & Bar Associations
Lawyers and law students: Your LSAT score does not define you
By Frank H. Wu
I attended and graduated from elite institutions of higher education (Johns Hopkins University and Michigan Law). That does no...
International Law, Family
When absence does not make the heart grow fonder
By Scott M. Gordon
The Hague Convention on the civil aspects of international child abduction
U.S. Supreme Court, Constitutional Law, Administrative/Regulatory
How the high court may rule in Seila Law — and why
By Oliver J. Dunford
The Supreme Court should prevent further erosion of the lines drawn by the Constitution and strike down the CFPB's for-cause r...
Government, Constitutional Law
San Diego must shut down facial recognition program
By Dave Maass
Law enforcement agencies in San Diego County were early adopters of hand-held facial recognition technology. Now these SoCal c...
Environmental & Energy, Administrative/Regulatory
California can learn from Arizona’s experience with groundwater regulation
By Sean T. Hood
Arizona enacted significant groundwater management legislation in 1980, and lessons can be learned by comparing and contrastin...
Law Practice, Judges and Judiciary, Civil Rights
The right to counsel in California needs a legislative fix
By Thomas F. Coleman
The system looks good on paper. However, in actual practice it is terrible. The rights of seniors and other adults with disabi...
Family, Ethics/Professional Responsibility
You’ve lost your client. Now what?
By Lucy Vartanian
Determining the appropriate course of action when a client goes missing or passes away is a perplexing gray area of California...
Insurance, Alternative Dispute Resolution
Enhance the effectiveness of your mediation by exploring potential insurance coverage issues pre-mediation
By Cassandra S. Franklin
n tax matters, procedure is important. The IRS has many rules about notices, deadlines, refunds, audits and disputes. And no m...
Legal Education, Law Practice
Fostering strong oral communication skills for law student externs
By Dena R. Bauman
Oral communication, including formal presentations and informal conversations, is a critical professional competency for law s...
Civil Litigation, Insurance
Are Cumis counsel disputes with insurers subject to anti-SLAPP?
By Stephen L. Raucher
A recent appellate rulings considers the question.
Understanding the myriad sources of confusion
Labor/Employment
California again expands lactation accommodation requirements
By Michael J. Nader, Jill L. Schubert
Earlier this month, Gov. Newsom signed a bill that amends the California Labor Code to expand lactation space requirements for...
Environmental & Energy
C’mon America: get the lead out and complete the job
By Gerald George
Reducing lead exposure levels, particularly in older urban communities, can produce demonstrable and significant social impact...
Government, Constitutional Law
Judicial opinion responding to Congress-executive clash is essential
By John H. Minan
Civil Litigation, Labor/Employment, California Supreme Court, 9th U.S. Circuit Court of Appeals
The debate over Dynamex’s retroactivity heads to the California Supreme Court
By Felix Shafir, Jacob M. McIntosh
The law does not favor retroactivity; but how the court will rule is unclear.
Constitutional Law, California Courts of Appeal
Ethics at the California Coastal Commission
By Michael M. Berger
A recent case involving the commission was not only wrong — it was offensive.