Appellate Practice
Y’all behave now: looking to Texas for appellate civility standards
By Benjamin G. Shatz
California appellate courts and appellate bar organizations could easily modify, adopt, and perhaps improve on the templates s...
Technology, Law Practice
The need for speed: how smart lawyers use artificial intelligence
By Wendy L. Patrick
In order to spot false information, lawyers have to remain attentive. This is particularly true when seeking artificial assist...
Oppenheimer lied about his communism his entire life. He lied when he completed his Security Personnel Questionnaires for the ...
Labor/Employment, Government
Legislation that would protect certain domestic workers continues to move forward
By Algeria R. Ford
For many, Senate Bill 686 is a welcome next step to protect the health and safety of domestic workers who have been excluded f...
Torts/Personal Injury
Igniting discourse: a legal perspective on July Fourth fireworks
By Arash Homampour
Can an individual escape liability simply by relying on the fact that the fireworks that caused the harm were “safe and sane?”...
Civil Rights
The Strike! Part 2: Why California asparagus farmers ditched a legal battle and chose to strike instead
By Myron Moskovitz
Farmworkers had been cutting Green Giant asparagus for the settled price of $3 a box, but when the giant food company shorted ...
Cultural Divorce, Part VIII: Marrying your mother-in-law
By Abbas Hadjian
Next time you are asked to file for divorce of a client married in another country, test it for its validity where contracted....
Managing conflict at your Fourth of July gathering
By Richard Birke
When family and friends gather they often want to rehash the past. Sometimes that’s just lovely. Who doesn’t like to reminisce...
Antitrust & Trade Reg., Administrative/Regulatory
Don’t block the Microsoft-Activision merger
By Robert E. Bright
It is easy to sympathize with the FTC’s skepticism of increased marketplace concentration in the tech industry. Over the last...
U.S. Supreme Court, Constitutional Law
Affirmatively deaf to the uniqueness of America
By Denisse O. Gastelum
While the practice of affirmative action may be imperfect and may have an impact on tuition and revenue, albeit minimal or non...
U.S. Supreme Court, Constitutional Law
Unanimous decision facilitating religious accommodation is also victory for the Court
By Mitchell Keiter
Justice Alito’s opinion yesterday emphasized the recent shift in Establishment Clause jurisprudence toward greater accommodati...
Technology, Government
Mounting litigation and legislative action against social media that's harming kids is justified
By Frederick Schenk
California lawmakers recently voted to proceed with an updated version of SB 287, a bill that examines how social media compan...
Land Use, Environmental & Energy
Mineral King: a remote California valley and modern environmentalism
By John S. Caragozian
While the Sierra Club lost, two aspects of the Supreme Court’s ruling facilitated the subsequent half century of modern enviro...
Entertainment & Sports
Stream It Tonight! "LA Law Pilot" (1986)
By Michael Asimow, Paul Bergman
Prior to the debut of LA Law, lawyers on television had zero resemblance to real lawyers.
Obituaries, Judges and Judiciary
Goodbye and Hello to Judge Arnold Gold
By Arthur Gilbert
For more than 30 years, I was enriched by Judge Arnold Gold’s friendship. He was a person of discriminating taste. He read all...
U.S. Supreme Court, Securities
Public interest in the wake of Slack Technologies, Inc. v. Pirani
By Megan J. Penick
Because no new money is generated, direct listings are not a frequently used technique for going public. Yet even if the strat...
Consumer Law, Constitutional Law
The MATCH List is Out of Control!
By Bryce M. Van De Moere, James Huber
Credit card companies are allowing an archaic set of rules to create an atmosphere where even a general request for an investi...
Letters
The significance of the Leon case is law enforcement no longer has absolute immunity
By Les T. Zador
U.S. Supreme Court, Alternative Dispute Resolution
Coinbase is a win for defendants seeking to compel arbitration
By John A. Vogt, JoeAl Akobian
Now that a stay of proceedings is mandatory upon the filing of an interlocutory appeal of a decision denying a motion to compe...
Government, Civil Rights
Gender-affirming care and custody bills are being misconstrued
By Debra R. Schoenberg
Controversy brews over new laws and a threat to long-established nationwide custody rules.
In December 2021, the baby bar enjoyed its 15 minutes of fame when Kim Kardashian announced to millions of Instagram followers...
Insurance
Uninsured motorist coverage and Proposition 213 in the era of skyrocketing insurance rates
By Justin Sterling
As the cost of auto insurance in California rises, the number of drivers who cannot afford to purchase insurance will likely i...
Technology, Ethics/Professional Responsibility
Large language models loom large
By David M. Majchrzak
Given that large language models are not designed to extract information purely from traditionally reliable sources of legal a...
Alternative Dispute Resolution
Cross-border conflicts: mediating across cultures
By Sukhsimran Singh
In the West, we are expected to look people directly in the eye when speaking, which is counterintuitive to cultures with high...
Government, Criminal
Charges against Trump in classified documents case fall into three legal categories
By John H. Minan
Some may have been surprised that Trump was not additionally charged with unlawfully sharing national defense informati...
Grappling with evidence is as good as it gets – a sign that judges and lawyers want to get it right.
Ethics/Professional Responsibility, California Supreme Court
California joins the rest of the nation in adopting the 'snitch rule'
By Wendy L. Patrick
This rule has been a long time coming. According to the State Bar of California News Center, since 2010, California has twice ...
Alternative Dispute Resolution
Transactional mediation: facilitating negotiations without litigation
By Greg Derin
When negotiations stall, it can be due to a reluctance to explore one’s own interests and motivations or insufficient confiden...
U.S. Supreme Court, Intellectual Property
Supreme Court's Jack Daniel's decision strengthens and expands trademark rights
By Dariush Adli
The Supreme Court discarded the Roger's test as an affirmative defense to claims of trademark infringement and dilution...
Under Cal. Rev. & Tax. Code section 19060, failing to notify the state means the California statute of limitations never r...