U.S. Supreme Court, Environmental & Energy
One leap too far for the federal Endangered Species Act
By Denis Binder
On the first day of its October 2018 term, the U.S. Supreme Court will consider the extent of the government’s ability to desi...
U.S. Supreme Court, Government, Civil Rights, Books
The Supreme Court and the illusion of voter fraud
By Richard Wirick
In her new book "One Person, No Vote,"Emory University sociologist Carol Anderson explores voter suppression in America -- and...
U.S. Supreme Court, Judges and Judiciary, Criminal
Let’s not repeat the mistakes of our past
By Aashish Y. Desai
The FBI should conduct a proper investigation into Dr. Christine Ford’s recent allegations of attempted rape by Judge Brett Ka...
Tax, Real Estate/Development
Opportunity zone funds: Advantages compared to 1031 exchanges
By Herman Enayati
While the QOZ program offers a variety of exciting benefits, many have asked how the program differs from the tried and true r...
Civil Litigation
ADA website accessibility lawsuits are surging in 2018
By Kristina M. Launey
Plaintiffs filed 4,965 federal ADA Title III lawsuits in just the first six months of 2018, compared to 7,663 for all of 2017.
Family
Designer babies, an ethical conundrum: dystopia or scientific miracle?
By Evie P. Jeang
Society should be contemplating the ethics of genetically engineered human embryos and the risks that it poses to the genetics...
Civil Litigation, Labor/Employment, Government, Civil Rights
More time for #MeToo victims
By Genie Harrison
Powerful predators count on their power to act as a deterrent against their victims speaking out, by creating fear of further ...
Labor/Employment, California Supreme Court
Dynamex ruling detonates a common business model
By Kerry Jackson
It didn’t take long for the decision to start claiming victims. Bottle & Barlow, a joint on trendy R Street in Sacramento ...
U.S. Supreme Court, 9th U.S. Circuit Court of Appeals
Damages on the high seas
By David Russo, Lynn L. Krieger
The 9th Circuit said yes; the 5th Circuit and others said no. Now it is up to the U.S. Supreme Court to decide whether punitiv...
Health Care & Hospital Law, Government, Administrative/Regulatory
Updates and developments in HIPAA and health information privacy
By Lucia Savage
Some of the latest discussions about the privacy provisions of the Health Insurance Portability and Accountability Act that yo...
Judges and Judiciary, Family
Most courts are about the past; family court is about the future
By Lawrence P. Riff
If you stop by family court for an hour, you will see lawyered-up C-suite executives and self-represented day laborers sitting...
In a recent speech, Ajit Pai said that if an ISP was throttling services, everyone would know. Turns out he was right.
Judges and Judiciary, 9th U.S. Circuit Court of Appeals
Don’t split up the 9th Circuit
By Erwin Chemerinsky
The 9th Circuit is functioning fine. Dividing it will cause a host of additional costs and new problems.
Could Tesla be headed to bankruptcy?
By Jonathan A. Michaels
It may be the top electric car manufacturer, but Tesla will need more than adrenalized enthusiasm to stay afloat.
Environmental & Energy, California Courts of Appeal
Appellate ruling extends public trust doctrine to groundwater
By Christian Marsh
It is not surprising that the 3rd District extended public trust protections to groundwater through the "tributaries" approach...
Law Practice, Judges and Judiciary, Government
If court bills don’t have teeth, then you won’t feel the bite
By Jamie Alexis Newbold
Legislation intended to relieve pressures on the court system could use a little more bite in order to get the job done.
Law Practice, Government, Alternative Dispute Resolution
Catch up with court bills: Rules for payment of court fees and for attorneys in mediation
By Chris Micheli
A closer look at a couple new laws that affect law practice.
Government, Ethics/Professional Responsibility, Criminal, State Bar & Bar Associations
Accountability for prosecutorial misconduct
By Jeff Adachi, Peter Calloway
Something rare is happening in San Francisco — a prosecutor who has been accused of misconduct is being tried by the State Bar...
Civil Litigation, Law Practice
The downsizing of the American civil trial
By Nora Freeman Engstrom
Barrels of ink have been spilled investigating, eulogizing and variously mourning or lauding the "vanishing trial." But this i...
A move by the IRS and Treasury Department this summer is likely to make it even easier for wealthy individuals to funnel dark ...
Judges and Judiciary, Government
Defamation on the campaign trail? Not in California
By Mitchell J. Langberg, Matthew J. McKissick
A little-known California constitutional provision allows courts to overturn election results due to defamation if the losing ...
A good friend of mine passed away recently: Peter Tannenbaum, my campaign manager. Yep. A few years back, some fellow parents ...
As with so much else in the tax world, it depends. No one likes fines or penalties, but deducting them on your taxes makes the...
Letters, Criminal
Felony murder bill addresses natural and probable consequences and promotes justice
By Michael Ogul
In his recent column, Deputy District Attorney Eric Siddall complains that Senate Bill 1437 would not merely “abolish the appl...
Law Practice, Ethics/Professional Responsibility
Emotional distress damages and lawyer causation
By Diane L. Karpman
When it comes to legal malpractice cases, there's rumor going around that "emotional distress damages" actually exist.
Contracts, Alternative Dispute Resolution
Creating settlement agreements that you can enforce
By Lars C. Johnson
In order to craft an enforceable settlement agreement at mediation, there are a few things to keep in mind.
Law Practice, California Supreme Court, Appellate Practice
California law risk, the commute, and the past as prologue
By Howard B. Miller
There is a new kind of risk in California law that affects the way cases should be analyzed, on appeal, in trial, through sett...
Though there is abundant talent floating about in fiction, poetry and memoir, few realize how true this also is of literary cr...
Government, Constitutional Law
Foreign emoluments lawsuit presents standing questions
By John H. Minan
Do members of Congress have standing to sue President Donald Trump for violating the foreign emoluments clause of the Constitu...
U.S. Supreme Court, Labor/Employment, Judges and Judiciary
The nominee and the NLRB
By Michael H. Leb
Many politicians and activists claim that President Donald Trump’s Supreme Court nominee is anti-labor. But have they read Jud...