Constitutional Law, Criminal, U.S. Supreme Court
Presidential pardons and criminal contempt
By Erwin Chemerinsky
When the president issues a pardon for criminal contempt of court, he is interfering with the ability of another branch of gov...
California Courts of Appeal, California Supreme Court, Constitutional Law
Takings occur administratively and legislatively
By Michael M. Berger
It is a shame when courts have the opportunity to shed light on a confusing body of law and, instead, only add to the confusio...
Books, Immigration, Labor/Employment, U.S. Supreme Court
The crusade to deport an Australian-born labor leader
By Susan E. Hill
Peter Afrasiabi’s new book “Burning Bridges” is a refreshing dose of inspiration for attorneys and advocates who may feel wear...
Family, Government, Immigration, International Law
Russian adoptions are problematic even without international tensions
By Maya Shulman
As with many political matters these days, it is unclear whether Trump and Putin will work out the adoption issue anytime soon...
Banking, Tax
IRS software trolls for bitcoin users, matches to taxes
By Robert W. Wood
Last year, the IRS started fighting to obtain vast amounts of data on bitcoin and other digital currency transactions.
California Courts of Appeal, Insurance
Stopping insurance cases in their tracks
By Kirk A. Pasich
A Court of Appeal decision shows how an insurer may be “stuck” defending its insured through the conclusion of the underlying ...
Family, Immigration
Immigrant sponsors and spousal support obligations
By Cara L. Boroda
Because it was a short-term marriage and the husband signed an affidavit supporting his wife's green card application, a court...
Contracts, Corporate
Invasion of the smart contract hackers
By David W. Adams, Matthew E. Kohen
Many see the blockchain as the wild west of today’s technology sector due to its disruptive potential. As a result, developers...
A few considerations for those who are considering starting their own funds.
Law Practice
Solo success means getting comfortable with technology
By Hamid Yazdan Panah
As the internet and technology become more and more entrenched in how we do business and how we interact with each other, atto...
Administrative/Regulatory, Corporate, Government
Authority, reference, necessity, clarity, et al.
By William Gausewitz
In 1979, the concern about government regulation reached a zenith, resulting in AB 1111, which dramatically reformed the Calif...
California Supreme Court, Civil Rights, Native Americans
Equal protection for Native American children
By Timothy Sandefur
The key to the Indian Child Welfare Act’s racism is that it applies to children who are “eligible” for tribal membership. But ...
Constitutional Law, Criminal, Law Practice, U.S. Supreme Court
Learn the basics of Marsden motions
By Gregory L. Prickett
The objective of this article and accompanying self-study test is to review how a court handles a criminal defendant's motion ...
Law Practice, Civil Litigation
Lots, and lots, and lots of pictures... and faceprints
By Kamran Salour
With the ubiquity of camera-enabled phones — more precisely, the ease at which they allow users to snap, share and store digit...
As a practicing city attorney, I sit through many hours of public meetings. I’ve probably seen just about everything from the ...
9th U.S. Circuit Court of Appeals, Appellate Practice, California Courts of Appeal, California Supreme Court
When the 9th Circuit turns to the California Supreme Court
By Felix Shafir, Peder K. Batalden
Recent cases suggests that the 9th Circuit might be applying a less stringent standard for when it feels obliged to certify a ...
Law Office Management, Law Practice
Fall cleaning: reviewing partnership agreements
By Daniel O'Rielly, Dena Roche
It’s never a bad time to prepare, of course, but it turns out that fall is an ideal time for law firms to do this.
Alternative Dispute Resolution
Hearing aids: How listening settles cases
By Robert S. Mann
Something that a wise lawyer once told me: “The best quality in a lawyer is the ability to listen.”
Ethics/Professional Responsibility, Law Office Management, Law Practice
Identifying law firm cybersecurity solutions
By J. Randolph Evans, Shari L. Klevens
The first and second articles in this three-part series addressed the scope of the rising cybersecurity problem and some of th...
Is tax reform really coming? With all the drama over this question since January, it is hard to say.
There was a time in this nation’s history when there were no political parties.
State Bar & Bar Associations, Law Practice
Democracy 101 and the State Bar of California
By Robert C. Fellmeth
The State Bar of California is controlled by what the U.S. Supreme Court calls “active market participants” in the profession ...
Administrative/Regulatory, Corporate, Civil Litigation
The glyphosate merry-go-round
By Daniel J. Herling
Whether this Roundup ingredient should be listed as a carcinogen is just the beginning. Next comes ‘natural’ labeling suits.
Judges and Judiciary, Labor/Employment, Law Practice
Interpreter wage dispute escalating
By Camille T. Taiara
Court interpreters in 12 Bay Area counties are at a breaking point. After a year of negotiations and months of intensifying wo...
Administrative/Regulatory, Government, Labor/Employment
Overtime wage bill appears largely symbolic
By Felicia R. Reid
California has taken up the baton for now-jettisoned Obama administration initiatives in several areas, including climate chan...
Alternative Dispute Resolution
California’s expanding world of alternative dispute resolution
By Lawrence Waddington
This might seem obvious. However, a recent California Supreme Court ruling shows how a simple failure of proof can play out.
Despite the changes in our current political climate, the debate of the scope and nature of cooperation between California an...
Criminal, Government
CFAA is a horse and buggy in a jet plane world
By Jason S. Leiderman
The first U.S. computer crime statute was enacted in 1984 and was rewritten in 1986 to become the Computer Fraud and Abuse Act...
Administrative/Regulatory, Criminal, Government
Northern District ruling is a gift for California cannabis operators
By Ariel Clark
A federal judge issued a temporary stay of the criminal prosecution of two medical marijuana growers.