Judges and Judiciary
Kozinski: Stay on the Bench, or Get Off the Court?
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?
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...
Since the Supreme Court's ruling in 'Campbell' in 2003, there has been much appellate activity in analyzing jury awards of pun...
The State Water Board’s position to allow its attorneys to perform overlapping functions is out of step with the developing st...
The sole remaining political effectiveness of the judicial activism tag is that the candidate can still discretely wink at vot...
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
To Scalia, Judicial Restraint Means Opposing Rights He Doesn't Like
By Erwin Chemerinsky
In supporting individuals' gun rights, the Supreme Court's right-wing bloc showed that all of the conservative rhetoric about ...
Law Practice
Tolstoy's 'Ivan Ilyich' Foreshadowed Our Own Incarceration Frenzy
By Robert L. Bastian Jr.
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...
Richard Posner's book "How Judges Think" is a testament to his abiding values of inquiry and analysis, writes William Domnarsk...
In denying review of an 8th Circuit case, the Supreme Court affirmed that a private enterprise, in the business of selling big...
Civil Rights
Class Action Fraud Takes the 'Class' Out of the Legal Profession
By Timothy D. Reuben
Firms like Milberg that have so profited from the justice system need to be leaders of the bar in the area of professionalism.
The decision by a county clerk to stop performing marriage ceremonies runs afoul of the values that underlie our collective hi...
Environmental & Energy
RIP, SUV: Lawyers Should Lead by Example With Car Choices
By Timothy D. Reuben
Lawyers should get used to having less and setting better examples by ditching their irresponsible SUVs. ...
A Novel Reminder of the Compassion Missing from the Justice System
By Joseph H. Cooper
A 'Beloved' American novel showcases the kind of compassion that is often missing from the criminal justice system, writes Jos...
Law Practice
State Bar Should Propose a Prohibition of Redundant Rules
By Rafael Chodos
A poorly written and ill-conceived proposed new rule from the State Bar emanates from the rigid assumption that lawyers' charg...
A recent state Supreme Court ruling articulated some guidelines that might inhibit the expansion of the breach of fiduciary du...
A lawyer in doubt about having authority to sign a notice of appeal should have the client sign the notice personally, write B...
Under a recent Supreme Court decision, individuals will be imprisoned for offering or requesting material protected by the Fir...
Both Proposition 98 and Proposition 99 contain ambiguities, and raise legitimate questions about their ultimate scope and effe...
Budget crisis? No problem -- these proposed laws should clear things right up, writes R. Konrad Moore. - Forum Column ...
Justice Marvin Baxter's dissent in "In Re Marriage Cases" is, at best, an example of an unsupported slippery slope argument.
A recent appellate court decision differed from similar cases in that it overturned all issues related to punitive damages, bu...
The Supreme Court's affirmation of a voter ID law is an open invitation to state legislatures across the country to devise req...
It is disconcerting the way so many people cope with the desire to forestall death. ...
The appellate courts disagree on just how fatal the lack of a timely opposition is in regard to summary judgment.
Law Practice
Like 'Clockwork': Self-Determination Question Still Relevant
By Konrad Moore
More than 30 years after the release of "A Clockwork Orange," the central question it posits remains vibrantly relevant: How d...
Even if the verdict in the Sean Bell case was correct, the court fell short when it failed to acknowledge the elephant in the ...
Intended or not, the mission of the prison system is changing from rehabilitation and reintegration to permanent incarceration...
Instruction Manual
By Rex Heeseman
Does the ever-changing world of punitive damages excuse, at least to some extent, the wording of a jury instruction. ...