The proposed amendment would require that a mediator would be required to provide an additional explanation to parties that wh...

When we allow our personal opinions to influence our judgment, how fair or unfair are those personal opin...

Familiarity with literature and the humanities as a human, as opposed to an unthinking machine searching for words, is our tri...

While the Supreme Court majority limited itself to the commerce clause, it recognized two important concepts in Edwards...

The nature, custom, and practice of opinion writing at the Supreme Court (and all other appellate courts as well) tells us how...

Treatment courts work. They work because they intelligently apply public health best-practices and clinical wisdom to help the...

Books on litigation tactics typically advise lawyers not to hide bad facts. Bring them out yourself - in your Statement of Fac...

The difference between SIRs and deductibles is that “the policy limits apply on top of the SIR,” but a deductible “reduces the...

It seems increasingly common to overhear conversations from lawyers about what to do when they cannot determine which funds be...

The “AI Neutral” will become a reality, so the legal industry might as well embrace it.

A Jewish friend of his “with fine literary instincts and credentials,” knowing of Philip Slayton’s opinions said, “Don’t do it...

As California moves toward interstate cannabis commerce, and courts grapple with whether cannabis social equity provisions can...

The divide between the majority and dissent seems to be symptomatic of some murkiness in this area of First Amendment doctrine...

If you are going to reach a decision contrary to the United States Supreme Court that is directly on the issue presented, how...

Under current law, victims have little recourse other than filing for Chapter 7 bankruptcy, which destroys their credit.

The ramifications of a Supreme Court ruling on the Act’s scienter requirement could be far-reaching. Since its modernization i...

In ruling against Bird Rides, Inc., the Court of Appeal affirmed that scooter companies owe the public a general duty of care ...

It is somewhat perplexing that many good family law attorneys recommend challenging a premarital agreement which is not in the...

The Fifth Circuit’s argument brushes aside the fact that millions of women have safely taken mifepristone without requiring me...

The Supreme Court seemed genuinely perplexed as to why the Code was absent any language referencing Indians or Tribes.

A bill has been introduced that would ban certain additives found in foods commonly consumed by children. Although California ...

Why AI programs will never come close to producing an opinion as elegant and enduring as Cardozo's Hynes v. N.Y. Cent <...

The duty to account to named beneficiaries typically does not begin until the trust can no longer be revoked. (§ 16069(a).) A ...

It is easy to look past the human impact of litigation when you deal with hundreds of claims on a daily basis – making it impo...

In post-trial motions and on appeal, there will likely be arguments that the funneling of funds through USC is not a “thing of...

When a global settlement of a case involving multiple plaintiffs results in an undifferentiated pot of money, lawyers should c...

The New York Convention serves as the backbone of international arbitration, as there is currently no international treaty req...

Because it is a rule concerning the presentation of evidence and is not an independent ground of liability, a plaintiff cannot...

The question for the massive new federal climate bills isn’t how much money there is, but how we use it.

The practical impact of a ruling reversing the Seventh Circuit will not likely result in a sea change in the False Claims Act ...