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U.S. Supreme Court, Environmental & Energy

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

Sep. 20, 2018
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

Sep. 20, 2018
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

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

Sep. 20, 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.


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

Sep. 20, 2018
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

Sep. 20, 2018
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

Sep. 19, 2018
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

Some of the latest discussions about the privacy provisions of the Health Insurance Portability and Accountability Act that yo...


Judges and Judiciary, Family

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

Sep. 18, 2018
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?

Sep. 18, 2018
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

It is not surprising that the 3rd District extended public trust protections to groundwater through the "tributaries" approach...


Law Practice, Judges and Judiciary, Government

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

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

Sep. 17, 2018
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

Sep. 17, 2018
By Nora Freeman Engstrom

Barrels of ink have been spilled investigating, eulogizing and variously mourning or lauding the "vanishing trial." But this i...


Tax, Government

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

Sep. 17, 2018
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 ...


Government, Appellate Practice

My campaign manager

Sep. 17, 2018
By Myron Moskovitz

A good friend of mine passed away recently: Peter Tannenbaum, my campaign manager. Yep. A few years back, some fellow parents ...


Tax, Entertainment & Sports

Can Serena Williams write off fines?

Sep. 17, 2018
By Robert W. Wood

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...


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

Sep. 14, 2018
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

MCLE
Sep. 14, 2018
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

There is a new kind of risk in California law that affects the way cases should be analyzed, on appeal, in trial, through sett...


Books

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

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

Sep. 13, 2018
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...