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Ethics/Professional Responsibility, Law Practice, Letters, State Bar & Bar Associations

Paraprofessional opposition appears biased

Oct. 22, 2021
By Mark B. Baer

I initially had no interest in accepting the Daily Journal’s request to its subscribers to submit articles either in support o...


Ethics/Professional Responsibility, Law Practice, State Bar & Bar Associations

The Institute for the Advancement of the American Legal System’s pursuit of and support for new legal service models in variou...


Criminal

For this new law to be successful, officers will require new training regarding appropriate techniques of arrest control that ...


Labor/Employment

Catching up with California’s newly enacted L&E legislation

MCLE
Oct. 21, 2021
By John L. Barber, Nicole Davidson

In the past year, the California Legislature passed multiple bills in the area of labor and employment. This article provides ...


Administrative/Regulatory

On Oct. 4, Gov. Gavin Newsom signed Assembly Bill 390 into law, which amends California’s existing law on automatic subscripti...


Civil Litigation, Labor/Employment

Repairing the cracked windshield that is AB 5

Oct. 21, 2021
By Ronald L. Zambrano

When Assembly Bill 5 — the so-called “gig worker law” — was enacted at the end of 2019, it appeared that California lawmakers ...


Law Practice, Tax

The tax treatment of lawsuit settlements can depend on the wording of the settlement agreement. For example, Debra Jean Blum r...


Ethics/Professional Responsibility, Law Practice, State Bar & Bar Associations

Paraprofessional program will perpetuate disparities

Oct. 20, 2021
By Erin M. Joyce, Raquel Greenberg

The State Bar’s paraprofessional program is unlikely to minimize the justice gap and will result in individuals with insuffici...


Criminal, Judges and Judiciary

Our justice system must become more victim-centric

Oct. 20, 2021
By Eugene M. Hyman

If the pandemic has had any kind of benefit, it’s that it has raised awareness of the functions and dysfunctions of our courts...


Administrative/Regulatory, Corporate, Criminal

While the iconic comic strip character Dick Tracy took great pleasure in informing the villains he nabbed that “crime doesn’t ...


Corporate, Data Privacy, Law Practice, Technology

In a deeply divided Washington, one thing politicians agree on is that cyber crime is a dark and deepening problem. A new repo...


Law Practice, Technology

Attorneys, jurists, and others throughout the legal profession need to make sure they are cognizant of what is happening withi...


Civil Litigation

Footnote 7 of the Supreme Court’s ruling in Facebook v. Duguid undermines the “human intervention” standard that was the forme...


Judges and Judiciary, Letters, U.S. Supreme Court

I would like to thank Dean Erwin Chemerinsky of UC Berkeley School of law for his Oct. 12 column, “There is no such thing as v...


Books, U.S. Supreme Court

A review of Justice Stephen Breyer’s “The Authority of the Courts and the Peril of Politics.”


Given that one out of two marriages ends in divorce (and the absence of any evidence that premarital agreements make divorce l...


Ethics/Professional Responsibility, Law Practice, Letters

The Oct. 19 column by James A. Gorton and William L. Winslow, “Evidence to support use of paraprofessionals is missing,” conta...


9th U.S. Circuit Court of Appeals, Civil Litigation, Criminal, Immigration

9th Circuit misses the mark on California’s private detention ban

Oct. 18, 2021
By Jackie Gonzalez, Hamid Yazdan Panah

On Oct. 5, the court struck down Assembly Bill 32, California’s ban on private prisons and detention facilities.


Appellate Practice, Law Practice

My Most Memorable Client Part I: The Alleged Crime

Oct. 18, 2021
By Myron Moskovitz

The following the first installment of a story in four parts, the next three to run Nov. 1, Nov. 15 and Dec. 6. It is adapted ...


Books, Criminal, Law Practice

In a new book, “Darrow’s Nightmare: Los Angeles 1911-1913,” Nelson Johnson uses trial transcripts, newspaper accounts and othe...


Law Practice, State Bar & Bar Associations

Evidence to support use of paraprofessionals is missing

Oct. 18, 2021
By James A. Gorton, William L. Winslow

Among all of the reports and analysis commissioned by the State Bar, there is no empirical justification for the proposition t...


The Native American Voting Rights Act seeks to address ongoing barriers that Native Americans face when voting and preempt or ...


Civil Litigation, Labor/Employment, U.S. Supreme Court

Washington agency boots Santa-clad right-to-work advocates

Oct. 18, 2021
By Deborah J. La Fetra

The Washington Department of Ecology allows public employee union representatives to communicate with workers in the building’...


Health Care & Hospital Law, Labor/Employment

The ordinance states that, beginning Thursday, a covered location must display “prominently on its premises” a notification ad...


Health Care & Hospital Law, Labor/Employment

Proceed with caution handling religious exemption requests

Oct. 15, 2021
By Jamaar M. Boyd-Weatherby

A few issues to consider when an employee requests a religious exemption from a vaccination mandate.


Labor/Employment

The key to resolving strike woes

Oct. 15, 2021
By Angela Reddock-Wright

In recent union actions, the vote was not simply about worker pay. With a record number of job openings nationwide and more em...


Ethics/Professional Responsibility, Law Practice, State Bar & Bar Associations

Paraprofessionals in a new age: creative solutions for the justice gap

Oct. 14, 2021
By David M. Majchrzak, Heather L. Rosing

Those who may be opposed to licensing paraprofessionals opine that the failure of these new entrants may negatively impact pub...


Criminal

Moving for mental health diversion

MCLE
Oct. 13, 2021
By David A. Katz

A primer on Penal Code Section 1001.36, enacted in 2018, which permits a court to order pretrial diversion for clients with ce...


Civil Litigation, Labor/Employment

Tesla verdict provides simple lesson the hard way

Oct. 13, 2021
By Leonid M. Zilberman

The recent $137 million jury verdict against Tesla in a racial discrimination case brought by Owen Diaz, a former African-Amer...


Antitrust & Trade Reg.

Antitrust verdict provides lessons for cannabis businesses

Oct. 13, 2021
By Leo Caseria, Thomas Tyson

A California jury last month handed down what has been reported to be the first antitrust jury verdict involving the cannabis ...