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Constitutional Law

Congress Has No Authority to Preclude Judicial Review

Oct. 13, 2004
By Erwin Chemerinsky

Forum Column - By Erwin Chemerinsky - Can Congress enact an unconstitutional law and preclude federal courts, including the Su...


The other day, Boz, my cat, "took a giant dump" on the living room rug. (The colloquial expression in quotes puzzles me. He di...


Education Law

Forum Column - By Robert DeKoven - The tragedy in Russia a few weeks ago, where terrorists seized a school, has now become a p...


Insurance

The beat goes on with punitive damages in the wake of State Farm Mutual Automobile Insurance Co. v. Campbell, 538 U.S. ...


Law Practice

Forum Column - By David A. Lash - In a Los Angeles inner-city high school, this year's observance of the anniversary of the Se...


Contracts

The state Supreme Court in Jonathan Neil & Associates v. Jones, 33 Cal.4th 917 (2004), reaffirmed one of its prior ...


Government

Forum Column - By David A. Lash - This is an especially tough time to be poor in the United States. Conditions are worsening, ...


Appellate Practice

Criminal Justice System Regresses Under 'Gementera'

Sep. 15, 2004
By Erwin Chemerinsky

Forum Column - By Erwin Chemerinsky - A recent 9th U.S. Circuit Court of Appeals ruling upholding punishments imposed solely f...


Judges and Judiciary

What you hear the trial judge say at the conclusion of the witness's testimony: "Thank you. You may step down ..." ...


Criminal

Death Sentences Always Must Include Reasonable Doubt

Aug. 24, 2004
By Robert L. Bastian Jr.

ABC News bills the first two parts of its seven-part documentary "In the Jury Room" as an unprecedented and historic look at ...


Criminal, Civil Rights

Sensational reports of minority beatings by police aside, African-Americans in Los Angeles have more reason to fear the county...


Civil Rights

Forum Column - By Erwin Chemerinsky - In the flurry of decisions at the end of the Supreme Court's term in late June, not near...


Judges and Judiciary

Former Gov. George Deukmejian's independent review panel proposes 239 specific reforms to improve California's $6 billion cor...


Judges and Judiciary

In the Victorian age, when I was a child, a popular grownup adage was "children should be seen and not heard." ...


Insurance

My April 22 article in this publication commented on recent rulings in the state regarding the ratio between compensatory and ...


Government

Forum Column - By David A. Lash - Homelessness is killing us. It is destroying our cities, our schools and our children. It co...


Alternative Dispute Resolution

Commercial arbitration practice, legislatively conceived as an alternative to litigation, initially used the knowledge and ski...


Civil Rights

Courts Treat State's Less Fortunate With Blind Indifference

Jul. 13, 2004
By Robert L. Bastian Jr.

In the 42 years since the Supreme Court ruled in Robinson v. California 370 U.S. 660 (1962), that states could not, con...


Civil Rights

Rulings Encourage Police to Ignore 'Miranda'

Jul. 10, 2004
By Erwin Chemerinsky

Forum Column - By Erwin Chemerinsky - In the flurry of end of the term cases at the U.S. Supreme Court, not much attention has...


Appellate Practice

Exhaust All Measures Before Filing Petition for Writ Relief

Jul. 8, 2004
By Paul D. Fogel, Benjamin G. Shatz

Focus Column - Appellate Law - By Paul D. Fogel and Benjamin G. Shatz - Given their limited resources, today's appellate court...


Government

The hand over of power in Iraq comes at a time of unusual opportunity. Incredibly, despite the bloodshed and chaos of recent w...


Government

Forum Column - By Robin Meadow and Stephen F. Rohde - With the Fourth of July approaching, we should pause and reflect on the ...


Criminal

'Blakely' Signifies Great Change In Sentencing in Criminal Cases

Jun. 29, 2004
By Erwin Chemerinsky, Laurie L. Levenson

Focus Column - Criminal Law - By Erwin Chemerinsky and Laurie Levenson - From a practical perspective, few Supreme Court decis...


Constitutional Law

Forum Column - By Erwin Chemerinsky - Throughout American history, conservatives have used federalism as a way of opposing des...


Constitutional Law

Bush Shouldn't Steer County With Leadership Based on Faith

Jun. 23, 2004
By Robert L. Bastian Jr.

Some view recent ACLU success in persuading Los Angeles and San Bernardino counties to remove crosses from their respective se...


Law Practice, Labor/Employment

Standing Out

Jun. 15, 2004
By Valerie Fontaine

Column - Closer - By Valerie Fontaine - A candidate otherwise doing well in the interviewing process can be shot down by a poo...


Government

When French lawyer Jacques Verges recently filed a complaint before the International Court of Justice in The Hague against th...


Criminal

Courts Show Deliberate Indifference to Jailhouse Violence

Jun. 2, 2004
By Robert L. Bastian Jr.

On Dec. 20, 1997, Daniel Segovia, whom our office represented, was dragged - after all the cell doors on his row in a Men's Ce...


Forum Column - By David A. Lash - One of the great displays of respect for justice and the court system recently took place no...


Government

In early April 2003, just prior to the conquest of Baghdad by coalition forces, Iraqi foreign minister Naji Sabri shared with ...