Administrative/Regulatory
State Law Must Reflect Fatal Dangers of Police Car Chases
By Robert L. Bastian Jr.
The law does not tolerate police unreasonably shooting across a school yard to stop a fleeing suspect. Why should it tolerate ...
Judges and Judiciary
Citing Foreign Law Sparks Unnecessary Bruhaha
By Erwin Chemerinsky
Forum Column - By Erwin Chemerinsky - Perhaps the silliest debate now going on is whether it is appropriate for American court...
Entertainment & Sports
Bad Case Law Traps Personal Managers in Bizarre Legal World
By Rick Siegel
The Feb. 14 decision in Yoo v. Robi, 2005 DJDAR 1983, is the latest action in a generations-old practice of compromisin...
Criminal
Lack of Federal Court Review Enables Prison Mismanagement
By Robert L. Bastian Jr.
The latest U.S. Supreme Court case to address prison violence, Johnson v. California , 2005 DJDAR 2118, concerns an inmate's c...
Judges and Judiciary
Because Perceptions Can Deceive, They Need Re-Evaluation
By Arthur Gilbert
For many years now, I have had this suspicion that things are not what they seem to be. This troubling suspicion I had stuffed...
Real Estate/Development, Government
So Far, State's Housing Push Has Been All Yak, No Shack
By Michael M. Berger
Forum Column - By Michael M. Berger - California lawmakers have done a lot of talking about the state's housing shortage witho...
Labor/Employment
Day of Reckoning Looms for Those Who Maintain Anti-Female Bias
By Charlotte Fishman
As the debate over Lawrence Summers' remarks keeps building and building, I confess to feeling a strange thrill.
Administrative/Regulatory
Statute Undercuts Right to Mount First Amendment Defense
By Erwin Chemerinsky
Forum Column - By Erwin Chemerinsky - A recent 9th U.S. Circuit Court of Appeals decision, United States v. Afshari , 392 F.3d...
Judges and Judiciary
In Law and Life, Strive For More Than 'Good Enough'
By Arthur Gilbert
I recently had a birthday. It wasn't a good one. It came at the same time of the year as all the others. I guess it wasn't all...
Criminal
Execution by State Blurs Distinction Between America, Violent Cultures
By Konrad Moore
Applying Islamic law, Saudi Arabian authorities periodically cut off the hands of thieves. To most Americans, the practice is ...
Appellate Practice
9th Circuit Made Only Minor Changes in Its Rules for 2005
By Benjamin G. Shatz
Focus Column - Land Use Law - By Benjamin G. Shatz - Each new year, federal appellate practice changes as the courts adopt new...
Insurance, Contracts
'Robinson' Shows Danger of A Difficult-to-Explain Defense
By Rex Heeseman
What is the state Supreme Court's current big-picture view of torts? In other words, should the law encourage or discourage ce...
Judges and Judiciary
Justices Create Confusion in Sentencing by Declaring Guidelines Advisory
By Erwin Chemerinsky, Laurie L. Levenson
Forum Column - By Erwin Chemerinsky, Laurie Levenson and Neil Siegel - The U.S. Supreme Court's decision in United States v. B...
Judges and Judiciary
Let's Wait to See What Results From Sentencing-Guidelines Decision
By Rory K. Little
Forum Column - By Rory K. Little - Two days ago, a five-justice majority of the U.S. Supreme Court ruled in United States v. B...
Judges and Judiciary
There Are Federal Judges Who Won't Compromise Inmates' Rights
By Robert L. Bastian Jr.
There are so many instances of federal courts disregarding meritorious prisoner rights claims, especially those brought by inm...
Judges and Judiciary
Paternity Ruling Shows Judicial Restraint About Mix-Up at Fertility Clinic
By Paul D. Fogel, David J. de Jesus
Forum Column - By Paul D. Fogel and David DeJesus - As we face the prospect of a U.S. Supreme Court vacancy, the subject of ju...
Civil Rights
Diverse Solutions to Admissions Would Provide Better Social Outcome
By Robert L. Bastian Jr.
The reaction to UCLA professor Richard H. Sander's recent study of preferential university admission is freighted with more em...
Law Practice
Justice Requires Judges to Put Bill of Rights Before Beliefs of Most People
By David A. Lash
Forum Column - By David Lash - The Bill of Rights is basically an anti-democratic document. And for that reason, it has done m...
Administrative/Regulatory
'Phillips' May Decide Conflict In Patent Claim Construction
By Jennifer R. Bush
Focus Column - Administrative Law - By Jennifer R. Bush - For the past five years, and arguably longer, the U.S. Court of Appe...
Many people fondly remember Sen. S.I. Hayakawa, though such memories do not concern any significant legislation. ...
Labor/Employment
Knowledgeable Attorneys Need to Talk About Sex in the Workplace
By Mark E. Terman
Employment Column - By Mark E. Terman - For years, employment lawyers have been advocates for training supervisors as a practi...
Law Practice
'Callas Forever' Teaches Lessons That Apply to Practice of Law
By Robert L. Bastian Jr.
Franco Zefferelli's recent movie, "Callas Forever," is primarily about artistic integrity. But it offers deeper insight and le...
Insurance
Insurers Should Be Barred From Using After-Acquired Evidence
By Timothy D. Reuben
All too often, insurers respond to a request for help from their insureds with a knee-jerk denial of coverage. Reasons provide...
Government
Voters Ignored Key American Value: Caring for One's Neighbors
By David A. Lash
Forum Column - By David A. Lash - The now-infamous exit polls from the most recent presidential election tell us that voters v...
Judges and Judiciary
Separation of Church and State May Not Hold Under Bush
By Erwin Chemerinsky
Forum Column - By Erwin Chemerinsky - When constitutional historians look back at the Rehnquist court, they will say that it d...
Family, Alternative Dispute Resolution
Parties in Divorce, Custody Cases Crave Perception of Fairness
By Franklin R. Garfield
Forum Column - By Franklin R. Garfield - It is widely believed that justice or even fairness is not available in the Los Angel...
Insurance
Will 'This Plaintiff Only' Usurp Place of 'Pattern-and-Practice'
By Rex Heeseman
In Permanent General Assurance Corp. v. Superior Court , 2004 DJDAR 12515 (Cal. App. 4th Dist. Oct. 12, 2004), the insurer app...
Government
High Anxiety: Democrats Won't Be Out-Lawyered as They Were in 2000
By Diane L. Karpman
Everyone is anxious about today's election because of what happened in 2000. Many believe that the Democrats were out-lawyered...
Contracts
State Bar Exam Should Test on All Sources of Contract Law
By William S. Dodge
Forum Column - By William S. Dodge - The State Bar Exam aims to ensure that new lawyers have a basic knowledge of a range of l...
Judges and Judiciary
A Name Is Merely a Label and Should Not Be Confused With the Real Thing
By Arthur Gilbert
What was a great present for a bright kid in 1953? A Gilbert chemistry set. My name happened to be Gilbert. It still is. When ...