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Constitutional Law, U.S. Supreme Court

Ethics, schmethics — this is property litigation!

Nov. 29, 2021
By Michael M. Berger

The point is simply this: Government agencies, like all citizens, have an obligation to act not only legally, but morally.


Appellate Practice, Law Practice

Credibility on appeal

MCLE
Nov. 29, 2021
By David M. Axelrad

On appeal, no less so than in any other legal discipline, “credibility is everything.” Klein, “The Evolved Appellate Brief,” v...


Land Use, Real Estate/Development

The bills, while symbolic victories for the pro-housing movement, were heavily negotiated in the Legislature, resulting in dil...


Immigration, Tax

Taxing those controversial border legal settlements

Nov. 26, 2021
By Robert W. Wood

Not long ago, reports about potential federal government legal settlements sparked outrage. The news broke that the Biden admi...


Entertainment & Sports

In 2005, the National Basketball Association passed a rule that dramatically altered the draft, impacted the lives of thousand...


Law Practice, State Bar & Bar Associations, Technology

Multijurisdictional lawyering in an AI era

Nov. 24, 2021
By Lance Eliot

Ongoing angst about state-by-state admissions rules for practicing lawyers is a pronounced and seeming unending and rancorous ...


Using selected data points, a new system created by the United States Sentencing Commission allows judges to compare sentences...


Immigration, Labor/Employment

In a major policy shift, the new general counsel of the National Labor Relations Board, Jennifer Abruzzo, issued a memorandum ...


Entertainment & Sports, Torts/Personal Injury

Breaking down a music festival organizational disaster

Nov. 23, 2021
By Richard J. Idell

Houston, Texas' 2021 Astroworld festival may be one of the worst managed live entertainment performance events in recent histo...


Civil Rights, Government

Houses of worship must be kept safe, secure and welcoming for all members and visitors. And we must come together to stand in ...


Only those in the jury room on Friday can truly tell us why they decided to acquit Kyle Rittenhouse of all the charges.


9th U.S. Circuit Court of Appeals, Judges and Judiciary

The daughter of Mexican immigrants who settled in one of the poorest parts of Kansas, Judge Mary Murguia next week will become...


Health Care & Hospital Law, Labor/Employment, Tax

Like so much else related to COVID-19, vaccines have long been politicized, and that doesn’t seem likely to change anytime soo...


Administrative/Regulatory, Environmental & Energy

EPA outlines key PFAS regulatory developments on the horizon

Nov. 22, 2021
By Patrick F. Veasy, Madeline Weissman

The U.S. Environmental Protection Agency recently issued a “Strategic Roadmap” that sets forth the agency’s comprehensive plan...


Criminal, Education Law

It is imperative that schools fairly and thoroughly investigate all allegations of sexual assault, wherever they occur on camp...


Consumer Law, Law Practice, Letters

If past behavior is the best predictor of future behavior, then Californians will veto the latest attempt by a cabal of deep-p...


Law Practice, State Bar & Bar Associations, U.S. Supreme Court

Discord in our district courts

Nov. 19, 2021
By Julian Sarkar

The majority of federal district courts -- including those in California -- have enacted local rules requiring admission to th...


Law Practice, State Bar & Bar Associations

Not so fast on California paralawyers

Nov. 19, 2021
By Brandon V. Stracener, David A. Carrillo

This isn’t a “don’t fix it if it ain’t broke” scenario — it’s more don’t make a bad situation worse.


9th U.S. Circuit Court of Appeals, Civil Litigation, Data Privacy, Technology

The federal appellate court recently issued an important ruling that helps clear the way for accountability for the private co...


Administrative/Regulatory, Government, Technology

Net neutrality: the next chapter

Nov. 19, 2021
By Bennett L. Ross

With Democrats poised to hold a majority of the seats on the Federal Communications Commission, the agency is almost certain t...


Family

Rethinking move-away orders in the time of COVID-19

MCLE
Nov. 19, 2021
By Noreen M. Evans, Deirdre T. Kingsbury

How should parents and courts approach a move-away case in the time of COVID?


Alternative Dispute Resolution

The physics of family law mediation

Nov. 19, 2021
By Scott M. Gordon

Newton’s laws of motion have been applied to fields as diverse as professional football and NASA’s spaceflights. They also hav...


Letters, U.S. Supreme Court

Kris Whitten basically argues that the U.S. Supreme Court was designed to be populated by justices who lack the character and ...


Criminal

On November 2, Michel and Ellen Shane attended the first parole hearing of the man who intentionally and deliberately murdered...


Civil Litigation, Ethics/Professional Responsibility, Law Practice

By this time next year, following the November 8, 2022, midterm election, we should know whether the California Changes to Med...


Data Privacy, Ethics/Professional Responsibility, Law Practice

James Bond, the dashing and impossibly clever spy, always bested the bad guys thanks to the deep pockets of technology and int...


Constitutional Law, U.S. Supreme Court

Criticism of U.S. Supreme Court justices who are identified in the media as “conservative” proceeds apace and seems to have re...


California Supreme Court, Civil Litigation, Constitutional Law, U.S. Supreme Court

Crawford today: Tasting great or less filling?

Nov. 17, 2021
By Brian M. Hoffstadt

For several decades now, the federal and California courts have been debating -- blessedly, not to the point of fisticuffs -- ...


Criminal, Letters

Kathleen Cady's predictive judgments conclude that Los Angeles District Attorney George Gascón is not committed to public safety.


Appellate Practice, Civil Litigation, Law Practice

Navigating civil posttrial motions and the path to appeal in state court

MCLE
Nov. 17, 2021
By Paul R. Johnson, Jocelyn Sperling

The trial does not go well, so it is time to consider posttrial motions and an appeal. Posttrial motions can be tricky, given ...