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Judges and Judiciary, Government

The role of the blue slip

Nov. 16, 2017
By Milan D. Smith Jr.

Since the current focus in Washington is on the nomination of Neil Gorsuch to the U.S. Supreme Court, it is easy to overlook t...


Immigration, Government, Administrative/Regulatory

Policy affect on H-1Bs is unclear

Nov. 15, 2017
By Kathleen Spero

Data indicates a 45 percent increase in request for evidence between Jan. 1 and Aug. 31, compared with the same period last ye...


Civil Litigation, Judges and Judiciary, Civil Rights

Doss v. Bernal was filed in 1943. The plaintiffs alleged that permitting Mexicans to live in the neighborhood would cause them...


U.S. Supreme Court, Constitutional Law, Civil Rights

There’s much more at stake than cake

Nov. 14, 2017
By Erwin Chemerinsky

The issue in Masterpiece Cakeshop is whether our society will continue to enforce anti-discrimination law over a claimed right...


U.S. Supreme Court, Civil Litigation, Government, Constitutional Law, California Supreme Court, California Courts of Appeal, Appellate Practice

It was a disappointing denial for property rights advocates because it leaves open a loophole that California governments use ...


Civil Litigation, California Courts of Appeal

Vitatech's holding is a stark reminder that such a provision may be an impermissible penalty that will not be enforced.


Government, Criminal, Civil Rights

A bail reform time warp

Nov. 13, 2017
By Eric Siddall

Bail reform advocates are in a time warp. Their portrayals of the criminal justice system resemble Charles Dickens's England m...


U.S. Supreme Court, Civil Litigation, Appellate Practice

First high court ruling considers appeals deadlines

Nov. 13, 2017
By Alana H. Rotter

What happens when the district court attempts to grant an extension beyond the 30-day limit? The U.S. Supreme Court recently s...


Civil Litigation

A member of your community hosts a celebration at his house, where alcohol is served. Someone consumes alcohol at the event, a...


Tax

Paradise Papers, tax havens and disclosure

Nov. 13, 2017
By Robert W. Wood

It will hardly be paradise to those whose names and details are being teased out of the morass. The leak contains a massive 13...


Civil Litigation, Labor/Employment, Corporate, Administrative/Regulatory

Did DNAinfo/Gothamist shutdown require WARNing?

Nov. 13, 2017
By David T. Van Pelt

The decision by billionaire tech mogul Joe Ricketts to shut down the news sites, which operated the popular LAist and SFist si...


Civil Litigation, Alternative Dispute Resolution

Why compromise?

Nov. 13, 2017
By Joan B. Kessler, Sarah J. Holley

When disputes arise, particularly those with significant emotional issues, parties may want to be vindicated and teach the oth...


Civil Litigation, Letters, Civil Rights

Outlaw all confidential settlement agreements

Nov. 13, 2017
By Robin Yeamans

Thanks for the Nov. 3 guest column titled "Secrets protect the powerful." All confidential settlement agreements should be out...


Military Law, Government, Civil Rights, Administrative/Regulatory

New law is tough on homeless veterans

Nov. 10, 2017
By Jesse Creed, Melissa Tyner

The Veterans Appeals Improvement and Modernization Act of 2017 raises serious due process issues and procedural barriers acut...


U.S. Supreme Court, Government

James A. Garfield, Esq: Right Off the Bat

Nov. 10, 2017
By James Attridge

No rookie ever had a debut as impressive as our 20th president, James A. Garfield, who made his very first legal appearance at...


Ethics/Professional Responsibility

Understanding what constitutes legal malpractice

Nov. 10, 2017
By Shari L. Klevens, Alanna G. Clair

The risk of a legal malpractice claim may seem like an inescapable reality of practicing law. After all, attorneys are human a...


U.S. Supreme Court, Civil Litigation, California Supreme Court, Alternative Dispute Resolution

The ever-expanding Federal Arbitration Act

Nov. 10, 2017
By Lawrence Waddington

Ever since Congress enacted the Federal Arbitration Act in 1925 the U.S. Supreme Court has repeatedly expanded the scope of th...


Native Americans, Family, Administrative/Regulatory

Critics distort Indian child welfare law

Nov. 9, 2017
By Jedd Parr, Delia Sharpe

While the Indian Child Welfare Act has its detractors, numerous national child welfare organizations tout it as the "gold stan...


Civil Litigation, Labor/Employment, 9th U.S. Circuit Court of Appeals

Rulings clears up attorney fees in ERISA cases

Nov. 9, 2017
By Robert J. McKennon, Stephanie L. Talavera

A 9th Circuit opinion resolved any lingering questions regarding the scope of conduct considered in awarding attorney fees fo...


Intellectual Property, Government, Administrative/Regulatory

Patents in the cannabis industry

Nov. 9, 2017
By Dan Callaway, Ryan Lowther

Although cannabis remains a Schedule I drug under federal law, the U.S. Patent Office is issuing utility patents and plant pat...


Insurance, Administrative/Regulatory

Federal crop insurance programs may not be accessible due to the federal prohibition on growing cannabis, but that does not me...


Civil Litigation, Intellectual Property, Entertainment & Sports

Case may provide guidance on publicity rights

Nov. 9, 2017
By Delia Ramirez

Olivia de Havilland, of "Gone with the Wind" fame, is not happy with her portrayal in the FX TV show, "Feud."


Tax, Government

One of the more controversial provisions in the proposed tax bill is the elimination of the state income tax deduction.


Government, Administrative/Regulatory

The basics of many state laws governing elections are surprisingly unknown. Here are the top seven things every California law...


Civil Litigation, Labor/Employment, Corporate, Civil Rights

Why does sexual harassment persist?

Nov. 9, 2017
By Frank Pray

We can excoriate the offenders in the news, strip them of their careers, reduce them to confessional supplicants, but the dark...


Labor/Employment, Government, California Supreme Court

The looming pension crisis

Nov. 8, 2017
By Daniel Grunfeld

If we continue to "kick the can down the road," we do so at our own peril: Budgets could be slashed, services curtailed and ta...


Transportation, Corporate

This past summer, Tesla accomplished the unimaginable: It became the most valuable car company in the nation, surpassing both ...


Tax, Government

Last week, Republicans delivered a comprehensive tax bill that offers, among other things, a permanent corporate tax cut.


Constitutional Law

The right to be forgotten in the US

Nov. 7, 2017
By Kevin L. Vick

In recent years, the "right to be forgotten" has jumped from the cloistered world of law reviews to the front pages of newspap...


In 2015, the U.S. Army convened an "Article 32 hearing" to determine what if any charges should be brought against Sgt. Bowe B...