Law Practice, Civil Rights
Strides for LGBT attorneys over the years: A personal perspective
By William E. Weinberger
In this column, and those to follow, I will explore these issues, along with interviews of LGBT judges, corporate in-house co...
Every witness could be lying, or not, to tell the truth.
Litigation & Arbitration, U.S. Supreme Court, Civil Litigation, Labor/Employment
Another big term for arbitration at the Roberts court
By Joseph R. Palmore
This term, the Supreme Court is poised, again, to issue decisions on the enforceability of arbitration agreements.
U.S. Supreme Court, Labor/Employment, Civil Rights
Title VII also bans sexual orientation discrimination
By Joshua C. Williams
This term, the Supreme Court has an opportunity to protect more Americans from discrimination based on sexual orientation.
U.S. Supreme Court, Native Americans, Criminal
A prisoner in his own land?
By Tim Evans
A Native American prisoner case up for U.S. Supreme Court review could create jurisdictional shifts in eastern Oklahoma -- or ...
Probate, California Supreme Court
Probate court closed to disinherited trust beneficiaries
By Denise E. Chambliss, James R. Cummins
In a case of first impression, a California Court of Appeal recently held that only trustees and beneficiaries under a current...
Labor/Employment, Construction
New laws will affect contractors in California
By Chris Micheli
Several bills recently signed by Gov. Jerry Brown will affect California contractors.
U.S. Supreme Court, Constitutional Law, Administrative/Regulatory
Judge Brett Kavanaugh and the administrative state
By Anne Voigts, Matthew V. Noller
If Kavanaugh is confirmed, his jurisprudence will give enterprising litigants a strong incentive to bring more challenges to a...
U.S. Supreme Court, Criminal, Constitutional Law
Will the court upend the dual sovereign doctrine?
By Craig E. Countryman
When both federal and state law criminalize the same conduct, the defendant can be independently prosecuted under each. That m...
U.S. Supreme Court, Constitutional Law
Federalism and takings law do not blend
By Michael M. Berger
The problem that I have with the concept of federalism is the tendency of some of its fans to enlist it in analyzing regulator...
Civil Litigation, California Supreme Court
State high court should say what ‘gross negligence’ means
By Carla V. Minnard
A case involving a gruesome injury on Mammoth Mountain gives the state high court a chance to clear up the issue.
Justices will weigh takings law state court exhaustion requirement
By Bryan W. Wenter
On Oct. 3, the U.S. Supreme Court will hear oral argument in a case that could overturn precedent that has long been criticize...
Government, Criminal
New state law provides standards for warrantless removal of vehicles
By Chris Micheli
Last week, Gov. Jerry Brown signed into law Assembly Bill 2876, which codifies existing case law concerning the warrantless re...
Tax, Corporate
Bill appears to conform California law to IRS partnership audit regime
By Phil Jelsma
In July of this year, the Internal Revenue Service finalized its partnership audit rules, and this week Gov. Jerry Brown signe...
U.S. Supreme Court, Civil Litigation, Appellate Practice
How strict are appellate deadlines in class actions?
By Andrew J. Trask
The 9th Circuit has ruled that the class action appeal deadline can be extended by “equitable factors,” but will its decision ...
U.S. Supreme Court, Constitutional Law
An important case for religious rights and public sector speech
By David Urban
A First Amendment case on the Supreme Court’s docket this term presents a more conservative-leaning U.S. Supreme Court an oppo...
U.S. Supreme Court, Appellate Practice
Briefing in the US Supreme Court post-Kennedy
By Ben Feuer, Anna-Rose Mathieson
For more than a decade, Supreme Court advocates with polarizing cases designed their arguments to appeal to one man above all:...
Law Practice, Education Law
Do legal education and liberal arts need to be defended?
By Frank H. Wu
In the past generation, students on the whole have displayed a profound change. Time was, the average student indicated that s...
Law Practice, Judges and Judiciary
A high school student’s view of the Los Angeles County Superior Court
By Justin Pfahler
Walking into the inner sanctum of a judge’s chambers, I immediately felt a sense of awe. Sure it was filled with lots of diplo...
Letters, Criminal
Our current bail system is a squeeze, and it’s wrong, and that’s why it must change
By Mark Shoup
The system can’t continue to squeeze pleas out of defendants who are too poor to bail out, and call it justice. It’s more lik...
U.S. Supreme Court, Letters, Criminal
2 types of polygraphs: the one your client passed, an the one that never occurred
By Aram B. James
As a criminal defense attorney, and a retired public defender, I’ve had numerous clients submit to polygraph exams.
Real Estate/Development, Environmental & Energy, Administrative/Regulatory
Making the coast accessible to people of all economic means
By Damien M. Schiff
The affordable housing crisis in California is longstanding and well known. A recent California Court of Appeal decision addre...
Letters, Criminal
An ironic position on bail reform for a defense attorney
By Charles Margines
When I began reading George K. Rosenstock’s Sept. 21 article, “There is an elephant in the room when it comes to bail reform,”...
U.S. Supreme Court, Civil Litigation, Intellectual Property, 9th U.S. Circuit Court of Appeals
The race to register: Will copyright applicants win or lose?
By Remi T. Salter, Jessica Bromall Sparkman
Anxious U.S. copyright owners need only wait until next year for a conclusive answer as to whether a plaintiff must have a cer...
Steel tariff suit challenges delegation of legislative power
By John H. Minan
A case pending in the U.S. Court of International Trade, which has exclusive jurisdiction over trade-related powers delegated ...
Alternative Dispute Resolution
So you’re thinking of becoming a mediator? A few tips
By Alan Brutman
With the explosion of mediation over the last 20 years, lawyers increasingly are leveraging ADR as their exit strategy or next...
International Law, Government, Criminal
America should support the efforts of the ICC
By Terree Bowers
The International Criminal Court is designed to foster accountability to hold individuals responsible for their actions, and t...
Law Practice, Judges and Judiciary
Rules for pro tempore court reporters and judicial emergencies
By Chris Micheli
Legislation recently signed by the governor will affect the appointment of a pro tempore court reporter and how courts handle ...
Law Practice
Mistakes happen, don’t make it worse when they do
By Shari L. Klevens, Alanna G. Clair
This is even for the most well-prepared or seasoned attorneys. When they do happen, the key is to avoid compounding the error ...
Criminal
There is an elephant in the room when it comes to bail reform
By George K. Rosenstock
Purists who view bail exclusively as a tool to insure a defendant’s presence in court determined by the traditional balancing ...