Forum Column - By Stephen F. Rohde - Fifty years ago today, the United States Supreme Court issued its historic and unanimous ...
Judges and Judiciary, Appellate Practice
People Deserve the Right to Cite From Unpublished Decisions
By Mike Schmier
Forum Column - By Mike Schmier - Have you been burned by an unpublished appellate opinion that ignored well-established rules ...
Appellate Practice
Oral Argument Earns High Place at Summary Judgment
By Paul D. Fogel, Benjamin G. Shatz
Focus Column - Litigation - By Paul D. Fogel and Benjamin G. Shatz - A motion for summary judgment is probably the most import...
Be prepared to answer a question, but first here are the facts: Stanley Williams, aka "Tookie," murdered the employee of a 7-1...
Focus Column - Appellate Practice - By Herb Fox - Successful trial attorneys counsel their clients well for the rigors and ris...
Constitutional Law, Civil Rights
Justices Must Uphold Constitution, Keep Bush in Check
By Stephen F. Rohde
Forum Column - By Stephen F. Rohde - The Supreme Court will hear oral arguments today in two critically important cases that p...
Civil Rights
Officers Must Be Accountable for Innocent Victims of Pursuits
By Robert L. Bastian Jr.
The state Legislature should enact SB1866, the bill to repeal police immunity for injury-causing police chases where the publi...
Anyone with even a passing interest in punitive damages is aware of the U.S. Supreme Court blockbuster decision in State Fa...
Constitutional Law
State High Court Supports Victims of Abuse by Police
By Robert L. Bastian Jr.
The California Supreme Court's April 5 decision, Venegas v. County of Los Angeles, 2004 DJDAR 4123, is good for victims of pol...
Constitutional Law
Judges Shouldn't Issue Gag Orders to Control High-Profile Cases
By Erwin Chemerinsky
Forum Column - By Erwin Chemerinsky - The judge in the molestation case against Michael Jackson has imposed a broad gag order ...
Criminal
America Must Uphold Rule of Law, Allow Consular Assistance
By Stephen F. Rohde
Forum Column - By Stephen F. Rohde - Imagine you are suddenly arrested in a foreign country and charged with murder. It's a ca...
Judges and Judiciary
Justice Learns What He's Made of: Breakable Parts
By Arthur Gilbert
Last month I performed an unnatural act - not an easy admission for anyone to make, let alone a judge, I mean a state judge. F...
Civil Rights
'Smith' Bars Police-Brutality Victims From Vindicating Wrongs
By Robert L. Bastian Jr.
In Smith v. City of Hemet, a split 9th U.S. Circuit Court of Appeals panel recently upheld dismissal of a plaintiff's excessiv...
Government
Jurists Who Will Judge Saddam Must Be Selected With Care
By Michael M. Farhang
The capture of Saddam Hussein in December has presented a serious challenge for the postwar Iraqi legal system. Plans have bee...
The state Supreme Court just decided E.M.M.I. Inc v. Zurich American Ins. Co., 2004 DJDAR 2245 (Cal. Feb. 23, 2004), in...
Judges and Judiciary
'Summerlin' Will Let Court Overturn Unconstitutional Sentences
By Carlos A. Singer
Forum Column - By Carlos A. Singer - Before the law reduced the case of Summerlin v. Stewart, 341 F.3d 1082 (9th Cir. 2...
Constitutional Law
Same-Sex Unions Will Join Other Constitutional Freedoms
By Stephen F. Rohde
Forum Column - By Stephen F. Rohde - From the founding of our nation, despite bigotry and prejudice, the trajectory of our soc...
Constitutional Law
First Amendment Doesn't Prohibit Nudity or Profanities
By Erwin Chemerinsky
Forum Column - By Erwin Chemerinsky - Was anyone hurt in the slightest way by the exposure of Janet Jackson's breast for two s...
Family, Alternative Dispute Resolution
Avoiding Three Pitfalls of Family-Law Mediations
By Franklin R. Garfield
Focus Column - Family Law - By Franklin R. Garfield - There are three primary reasons why the mediation of a family-law case m...
Judges and Judiciary
Justice Crosby Leaves Legacy of Friendship, Insight, Wit
By Arthur Gilbert
I was walking down the street talking to Justice Tom Crosby a few days ago. He was his usual self, railing about a case with w...
Forum Column - By Erwin Chemerinsky - California's initiative process has been the subject of scrutiny in recent years because...
U.S. Supreme Court
'Bazzle' Confounds Arbitration Agreements and Class Actions
By Aashish Y. Desai
The somewhat turbulent relationship between class actions and arbitration agreements just got more complicated, thanks in larg...
Forum Column - By Stephen F. Rohde - If the state of California had had its way yesterday, Kevin Cooper would have been execut...
Few comparisons highlight our government's bias in favor of the wealthy more than that between the phasing out of the estate t...
Family
'Benson' Opens a Door to Oral Agreements for Transmutation
By Mitchell A. Jacobs
Focus Column - Family Law - By Mitchell A. Jacobs and David L. Marcus - On Dec. 23, the Court of Appeal opened a door to the e...
Government
Is Los Angeles' City Attorney Qualified? Of Course He Is
By Erwin Chemerinsky
Forum Column - By Erwin Chemerinsky - An obscure provision of the Los Angeles City Charter is causing enormous controversy and...
Forum Column - By Erwin Chemerinsky - How many individuals did the federal government arrest and detain after Sept. 11? How ma...
One challenge that the United States faces in seeding liberal democracy in Iraq is defining what speech and thought will be fr...
Forum Column - By David A. Lash - Adoption Day is to courts what maternity wards are to hospitals. No jail, no juries, no deat...
Forum Column - By Erwin Chemerinsky - The historic decision of the Massachusetts Supreme Judicial Court in Goodridge v. Dep...