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Law Practice, State Bar & Bar Associations

State Bar’s paraprofessional program lacks statistical support

Dec. 9, 2021
By Laura C. McHugh, John Cotter

Much has been about the State Bar of California’s proposed paraprofessional program which would allow nonlawyers to practice l...


Alternative Dispute Resolution, Labor/Employment

The rise and fall (out) of mandatory pre-dispute employment arbitration

Dec. 9, 2021
By Christopher David Ruiz Cameron

The most far-reaching work law development of the past three decades has been the rise of mandatory pre-dispute arbitration. O...


Constitutional Law, U.S. Supreme Court

Dobbs may rob SCOTUS of credibility

Dec. 9, 2021
By David Boyle

Roe, Casey, Dobbs: The last of those epic U.S. Supreme Court cases, which the Court heard on December 1, is the (biggest) bloc...


9th U.S. Circuit Court of Appeals, Constitutional Law

District Judge Roger T. Benitez applied the Supreme Court’s Heller test, holding that California’s ban was unconstitutional (a...


Constitutional Law, U.S. Supreme Court

On December 1, the Supreme Court’s engagement on the topic of abortion was much more public and formal. A nearly two-hour-long...


Constitutional Law, U.S. Supreme Court

The unworkability of viability

Dec. 8, 2021
By Catherine Short

To argue that prohibiting states from restricting pre-viability abortions allows the Supreme Court to avoid the philosophical ...


Constitutional Law, U.S. Supreme Court

An unconstitutional condition on religious exercise

Dec. 8, 2021
By Mitchell Keiter

The U.S. Supreme Court will hear oral argument Wednesday in a case that could profoundly change American education.


Ethics/Professional Responsibility, Law Practice

Avoid Santa’s ‘Naughty’ list this year

Dec. 8, 2021
By Shari L. Klevens, Alanna G. Clair

Lawyers hoping to find goodies in their stocking should take stock of whether they have been “nice” lawyers in 2021. When Sant...


Appellate Practice, Books

Myron Moskovitz knows a thing or two about appellate persuasion, and you can too with his new book, "Strategies on Appeal.


Health Care & Hospital Law, Military Law

When stories linking certain veterans’ health conditions to toxic exposure at military bases began flooding the news, to some ...


Appellate Practice, Law Practice

Appellate Horrorscope

MCLE
Dec. 7, 2021
By Benjamin G. Shatz

As another remarkable year draws to a close, it’s time to gaze into the crystal ball and prognosticate what fortunes may unfur...


Real Estate/Development

Cities and counties throughout California have effectively used the receivership remedy to bring nuisance properties into prod...


Civil Litigation, Construction

In this month’s Construction Corner column, we examine what constitutes a “willful” act by a contractor that can lead to enfor...


Civil Litigation, Entertainment & Sports, Labor/Employment

While California requires employers — including movie studios — to supply a safety plan, the law’s vague language reads like a...


Civil Litigation, Law Practice, Torts/Personal Injury

Class actions require heightened scrutiny

MCLE
Dec. 6, 2021
By Polly J. Estes, Savannah Blackwell

Both trial and appellate courts review settlements in class actions with “heightened scrutiny” for good reason. Class actions ...


Law Practice

What are the best things about a trial, the best moments in a trial? I’ve been able to narrow it down some particular things t...


Government, Law Practice, Military Law

Are we turning our back on our veterans... again?

Dec. 6, 2021
By Eileen C. Moore

It’s beginning to look a lot like bias / Everywhere you go / Take a look at Cal and the feds, not listening once again / Just ...


Appellate Practice, Law Practice

My Most Memorable Client Part IV: The Verdict

Dec. 6, 2021
By Myron Moskovitz

This is the final installment of a 4-part story (a true story) that began three columns ago.


Labor/Employment

On Monday, a regional director of the National Labor Relations Board ordered Amazon to hold a second union election for employ...


Ethics/Professional Responsibility, Law Practice

Help is out there for attorneys struggling with addiction

MCLE
Dec. 3, 2021
By Michael M. Brewer

The consequences from addiction — or even single incidents of intoxication — can be life-altering.


Alternative Dispute Resolution, Appellate Practice, Civil Litigation, Law Practice, U.S. Supreme Court

Supreme Court to resolve split over post-arbitration motions

MCLE
Dec. 2, 2021
By Gary A. Watt, Patrick Burns

As prior Arbitration Angle columns attest, it is no secret that the Federal Arbitration Act creates a vast number of substanti...


Books, Entertainment & Sports, Ethics/Professional Responsibility, Law Practice

This column introduces a new feature -- a monthly review of a movie (or maybe a TV show) about law and lawyers that we invite ...


U.S. Supreme Court

Property rights, the First Amendment and Malibu

Dec. 1, 2021
By James Burling

Along the California coast, we have a case where the rhetoric of property and liberty have met the reality of the California C...


Constitutional Law, Entertainment & Sports, U.S. Supreme Court

Happy anniversary, George Carlin: a tribute to an iconoclast

MCLE
Dec. 1, 2021
By Joshua J. Borger

2022 will mark the 50th anniversary of Carlin's famous 1972 monologue, "Seven Words You Can Never Say on Television." There's ...


Law Practice, Tax

Year end is coming, and it isn’t too early to think about IRS Forms 1099. If you practice in a law firm or in-house, start thi...


Corporate, Letters

The Nov. 30 story, “Some women on corporate boards disagree with quotas,” made me think back on articles I have written on bia...


Criminal

Some people have blamed this crisis on Proposition 47, the 2014 statewide referendum that reclassified many felony theft offen...


Criminal, Letters

John Hanusz’s guest column concerning the new Judiciary Sentencing INformation tool provided by the U.S. Sentencing Commission...


Corporate, Securities

2022 proxy preparation: procedure & purpose

Nov. 30, 2021
By Sara L. Terheggen

Taking these suggestions into consideration now as companies are building out their 2022 annual meeting checklists will give c...


Law Practice

Few heroes: California mission secularization

Nov. 29, 2021
By John S. Caragozian

As California has long taught schoolchildren, the 21 California missions were key in our state’s history. For better or worse,...