Intellectual Property
Closer View Sees Bumps in the Patent Prosecution Highway
By Jennifer R. Bush
FOCUS COLUMN - In July began a trial period of the Patent Prosecution Highway, a cooperative effort between the U.S. Patent an...
Civil Litigation, Labor/Employment, Civil Rights
10th Circuit at Center of Splits on Anti-Discrimination Laws
By Laura W. Brill
Federal courts of appeals in June 2006 created or deepened conflicts of authority on important questions relating to anti-disc...
California Supreme Court
State Supreme Court in 'Copley' Undermines Accountability of Police
By Erwin Chemerinsky
FORUM COLUMN - The state Supreme Court's decision in Copley Press Inc. v. Superior Court, 2006 DJDAR 11839 (Aug. 31, 2006), un...
Judges and Judiciary
Stung by Slings and Arrows, Sometimes a Judge Can Only Howl at the Moon
By Arthur Gilbert
Doggone it (a euphemism for what I'm thinking). To stay with the metaphor, I am dogged by complaints of people I know unleashi...
Law Practice
E-Guide Helps Prospective Law Students Assess Pro Bono Programs
By David A. Lash
FORUM COLUMN - Curiously, a male candidate for a job at a law firm repeatedly asked the firm interviewers about the firm's tre...
Forum Colmn - The Sixth Amendment right to counsel means that a criminal defendant who can afford to pay for an attorney gener...
A while ago, California courts started to summarily adjudicate out (that is, before trial) a bad-faith claim; that would happe...
Judges and Judiciary
Court Rejects 'Smoke and Mirrors' Argument to Limit Employee Rights
By Charlotte Fishman
With all the ink that has been spilled in the wake of the 9-0 Supreme Court's Burlington Northern v. White decision, 2006 DJDA...
Forum Column - Although a single year is too little basis for drawing broad conclusions about the Roberts court, one trend see...
Forum Column - Hooray for Gov. Schwarzenegger! Did I just say that, me, a Democrat? I voted for Gray Davis three times for gov...
Letter to the Editor - The recent judicial profile of Los Angeles Superior Court Judge Antonio Barreto, "The Hardest Working G...
Government
Mounting Data Point to Prisons' Gross Failure to Correct Anything
By Robert L. Bastian Jr.
Governor Schwarzenegger, fearing further federal court takeover of the state's prison system, recently called for a special le...
Appellate Practice
How Many Mistakes Can a Single Notice of Appeal Contain?
By Benjamin G. Shatz
By Benjamin G. Shatz A notice of appeal is one of the simplest documents a lawyer can prepare. Usually the only serious att...
Practical tips for preparing for the worst--losing an important motion--and getting relief through a writ petition. by Benjam...
Appellate Practice
How Many Mistakes Can One Notice of Appeal Contain?
By Benjamin G. Shatz
A notice of appeal is one of the simplest documents a lawyer can prepare. ...
-Anyone with even a passing interest in punitive damages is aware of the U.S. Supreme Court's blockbuster decision in State Fa...
Constitutional Law
'Garcetti' Decision Ignores the People's Right to Know
By Erwin Chemerinsky
Forum Column - By Erwin Chemerinsky - The Supreme Court's decision in Garcetti v. Ceballos, 126 S.Ct. 1951 (May 30, 2006), den...
Law Practice
Legal Malpractice: Court Must Decide for Whom Statute Tolls
By Stephen L. Raucher
In January this year, the California Court of Appeal issued a decision that creates the potential for extended malpractice lia...
Criminal
Juris Paradox: When Life Itself Constitutes Great Bodily Injury
By Konrad Moore
Criminals should be punished, and unborn life is precious. Both propositions are central tenets of conservative politics. But ...
Bankruptcy
New Bankruptcy Law Increases Burden on Financially Strapped
By Magdalena Reyes Bordeaux
Forum Column - By Magdalena Reyes Bordeaux - The Bankruptcy Abuse Prevention Consumer Protection Act was signed into law by Pr...
Appellate Practice
Delaying Tactic du Jour Fails to Remove Matter de Jure
By Benjamin G. Shatz
Focus Column - By Benjamin G. Shatz - A common defense tactic in litigation is to inject procedural complication to delay reac...
Sometimes hard cases produce brilliant opinions. This certainly was true in the 9th U.S. Circuit Court of Appeals' recent deci...
Letters, Health Care & Hospital Law
Health Crisis Is State, Not Federal, Issue
By Richard A. Nixon
I read with interest the article written by Jeffrey Lowe, "Single-Payer Bill Must Be Passed to Provide Health Care for All" (A...
For Inmates, Lay and Skilling Are Just Robbers in Suits
By Joseph H. Cooper
Just before the opening statements in the government's case against former Enron executives Ken Lay and Jeff Skilling, I empan...
Law Practice
A Good Legal Education Lies in Truth, Not Blind Adherence to Authority
By Robert L. Bastian Jr.
R. Clarke Schultes was one of those influential teacher-coaches who leave their mark in a way so blunt, yet so subtly, that fu...
Ask lawyers and their clients this question: Judges know the law - true or false? Their answer depends upon whether they won o...
Forum Column - By Erwin Chemerinsky - Anatole France remarked that the "[t]he law, in its majestic equality, forbids the rich ...
According to State Farm Mutual Automobile Insurance Co. v. Campbell , 538 U.S. 408 (2003), an award of punitive damages "more ...
Appellate Practice
In California, Appellate Jurists Judge Their Own Bias, Recusal
By Robert C. Cohen, Christopher Pelham
Focus Column - By Christopher K. Pelham and Ronald C. Cohen - The Due Process Clause of the U.S. Constitution protects parties...
Administrative/Regulatory
Federal Courts Need to Command Prisons to Care
By Robert L. Bastian Jr.
The United States has the highest incarceration rate in the world. Historically, American rates were essentially stable until ...