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Judges and Judiciary

Kozinski: Stay on the Bench, or Get Off the Court?

Aug. 5, 2008
By William Domnarski

By staying on as chief judge, Alex Kozinski is eroding the public's faith in the 9th Circuit, writes William Domnarski. - Foru...


9th U.S. Circuit Court of Appeals

Kozinski: Stay on the Bench, or Get Off the Court?

Aug. 5, 2008
By Erwin Chemerinsky

Judges are allowed to engage in legal behavior that does not affect their ability to carry out their duties, writes Erwin Chem...


Insurance

A Reversal of Fortunes

Aug. 2, 2008
By Rex Heeseman

Since the Supreme Court's ruling in 'Campbell' in 2003, there has been much appellate activity in analyzing jury awards of pun...


Environmental & Energy

Keeping Up Appearances

Jul. 25, 2008
By Jeffrey Dintzer

The State Water Board’s position to allow its attorneys to perform overlapping functions is out of step with the developing st...


Government

McCain's Bench Press

Jul. 23, 2008
By Robert L. Bastian Jr.

The sole remaining political effectiveness of the judicial activism tag is that the candidate can still discretely wink at vot...


Insurance

Awards Season

Jul. 22, 2008
By Rex Heeseman

The future seems to be that, absent dramatic facts and if the compensatories are sizeable, the U.S. Supreme Court will not let...


U.S. Supreme Court

In supporting individuals' gun rights, the Supreme Court's right-wing bloc showed that all of the conservative rhetoric about ...


Law Practice

More than a century before America began incarcerating a huge share of its adult population, Leo Tolstoy looked upon chained p...


Ultimate responsibility for fairness within the criminal justice system rests not only with the defense bar, but also with the...


Law Practice, Appellate Practice

Think Tank

Jul. 8, 2008
By William Domnarski

Richard Posner's book "How Judges Think" is a testament to his abiding values of inquiry and analysis, writes William Domnarsk...


Civil Litigation

A Fair Call

Jul. 3, 2008
By Joel McCabe Smith

In denying review of an 8th Circuit case, the Supreme Court affirmed that a private enterprise, in the business of selling big...


Civil Rights

Firms like Milberg that have so profited from the justice system need to be leaders of the bar in the area of professionalism.


Civil Rights

An Indecent Refusal

Jun. 20, 2008
By Konrad Moore

The decision by a county clerk to stop performing marriage ceremonies runs afoul of the values that underlie our collective hi...


Environmental & Energy

Lawyers should get used to having less and setting better examples by ditching their irresponsible SUVs. ...


A 'Beloved' American novel showcases the kind of compassion that is often missing from the criminal justice system, writes Jos...


Law Practice

A poorly written and ill-conceived proposed new rule from the State Bar emanates from the rigid assumption that lawyers' charg...


Insurance

Duty Bound?

Jun. 7, 2008
By Rex Heeseman

A recent state Supreme Court ruling articulated some guidelines that might inhibit the expansion of the breach of fiduciary du...


Appellate Practice

Sink or Sign

May 31, 2008
By Benjamin G. Shatz

A lawyer in doubt about having authority to sign a notice of appeal should have the client sign the notice personally, write B...


U.S. Supreme Court, Constitutional Law

Protection or Punishment?

May 30, 2008
By Erwin Chemerinsky

Under a recent Supreme Court decision, individuals will be imprisoned for offering or requesting material protected by the Fir...


Environmental & Energy

Under Control?

May 29, 2008
By Richard M. Frank

Both Proposition 98 and Proposition 99 contain ambiguities, and raise legitimate questions about their ultimate scope and effe...


Criminal

Easy Money

May 28, 2008
By Konrad Moore

Budget crisis? No problem -- these proposed laws should clear things right up, writes R. Konrad Moore. - Forum Column ...


Law Practice

Straight Talk About Gay Marriage

May 21, 2008
By Robert L. Bastian Jr.

Justice Marvin Baxter's dissent in "In Re Marriage Cases" is, at best, an example of an unsupported slippery slope argument.


Insurance

Price Fixing

May 17, 2008
By Rex Heeseman

A recent appellate court decision differed from similar cases in that it overturned all issues related to punitive damages, bu...


U.S. Supreme Court, Constitutional Law

A Blow to Democracy

May 16, 2008
By Erwin Chemerinsky

The Supreme Court's affirmation of a voter ID law is an open invitation to state legislatures across the country to devise req...


Judges and Judiciary

Death Becomes You

May 14, 2008
By Arthur Gilbert

It is disconcerting the way so many people cope with the desire to forestall death. ...


Appellate Practice

What a Relief?

May 13, 2008
By Alana H. Rotter

The appellate courts disagree on just how fatal the lack of a timely opposition is in regard to summary judgment.


Law Practice

More than 30 years after the release of "A Clockwork Orange," the central question it posits remains vibrantly relevant: How d...


Law Practice, Criminal

The Elephant in the Room

May 2, 2008
By Robert L. Bastian Jr.

Even if the verdict in the Sean Bell case was correct, the court fell short when it failed to acknowledge the elephant in the ...


Criminal

Aging Disgracefully

May 1, 2008
By Konrad Moore

Intended or not, the mission of the prison system is changing from rehabilitation and reintegration to permanent incarceration...


Instruction Manual

Apr. 30, 2008
By Rex Heeseman

Does the ever-changing world of punitive damages excuse, at least to some extent, the wording of a jury instruction. ...