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Constitutional Law

Under Article 2 of the Constitution, the Senate is supposed to "advise and consent" to the nomination of Judge Merrick Garland...


Constitutional Law, Government, U.S. Supreme Court

Should Democrats filibuster Gorsuch?

Feb. 7, 2017
By Erwin Chemerinsky

To filibuster or not to filibuster -- that is the question. One constitutional law professor votes a resounding yes, even if i...


Judges and Judiciary

In the nature of an oxymoron

Feb. 7, 2017
By Arthur Gilbert

"You were born in the Year of the Ox." The what? I was convinced she was mistaken. Are oxen stubborn? No, mules are. An ox is ...


Appellate Practice

Limited merits reviews by the California Supreme Court might deter less than careful work by the Court of Appeal, as well incr...


Judicial Profile

Peter Singer

Feb. 7, 2017
By Arin Mikailian

Superior Court Commissioner, San Diego County (San Diego) ...


Constitutional Law

Truth, justice and the American way

Feb. 4, 2017
By Jeffrey L. Bornstein

In this era of President Donald Trump — rapid tweets, federal employees being bullied, brow-beaten, castigated or fired if the...


Books

Professor talks mandatory jury trial in civil cases

Feb. 4, 2017
By Steven S. Kimball

Although the thesis in Professor Suja A. Thomas' "The Missing American Jury" that summary judgments are unconstitutional is es...


Gorsuch should be confirmed by Senate

Feb. 4, 2017
By Jay Sekulow

Will Gorsuch be confirmed by the U.S. Senate? The short answer is yes. Many Democrats are already sounding the alarm -- claimi...


Government, International Law, Tax

One could argue that the annual congressional cohort seeking passage of a bill to end U.S. membership in the United Nations is...


GC Email

A recent 2nd Circuit case serves as a reminder that California and New York law can differ with respect to the enforceability ...


Transactions

Chinese interest high despite uncertainty

Feb. 3, 2017
By Charles Comey

Beijing and Shanghai venture capital, private equity, sovereign wealth and strategic investors maintain that the interest from...


Judges and Judiciary

One legal scholar has called life tenure "the stupidest provision of the 1787 Constitution that has any impact today." By Warr...


Government

2 views of the Supreme Court

Feb. 3, 2017
By David DeGroot

The looming confirmation battle, whether or not it leads to a filibuster, will not be about Gorsuch. Instead, it will reflect ...


Civil Rights

Limits on garnishment of low income debtors

MCLE
Feb. 3, 2017
By Thomas D. Long

It is important for attorneys and unrepresented litigants in judgment enforcement proceedings to know the facts and their righ...


Perspective

MTM's divorce lessons still resonate today

Feb. 2, 2017
By Maya Shulman

The late Mary Tyler Moore's autobiography echoes what California family law attorneys have known for decades — kids from divor...


GC Email

The evolution of abstract idea treatment after Alice

Feb. 2, 2017
By Christopher M. Hall

Starting with Section 101, rising to prominence in the Supreme Court ruling in Alice v. CLS Bank, and on through guid...


Administrative/Regulatory

2017 is packed with new California employment laws

Feb. 2, 2017
By Amanda E. Beckwith

From an all-gender bathroom bill to prohibitions on differing pay scales, 2017 is an action-packed year for employers trying t...


Litigation

9th Circuit says OK go, despite Spokeo

Feb. 2, 2017
By Randolph Hunter Pyle

A recent 9th Circuit case admonishes employers to heed the Fair Credit Reporting Act's stringent authorization requirements be...


Tax

Law would let agencies accept cannabis cash

Feb. 2, 2017
By Lance Rogers

Under a new state senate bill proposed by Sens. Toni Atkins and Scott Wiener, local agencies would be authorized to accept cas...


Perspective

A tour bus is manufactured in Indiana, and delivered to a buyer in Las Vegas. While driving from Las Vegas to the Grand Canyon...


Criminal

Proposed Sentencing Guidelines changes show recidivism focus

Feb. 1, 2017
By Evan J. Davis, Steven R. Toscher

Two proposed amendments will encourage judges to impose more non-prison sentences; and reducing offense levels for "first offe...


Environmental

In a world without international law

Feb. 1, 2017
By Paul Stanton Kibel

Trump's short-sighted disavowal of U.S. international climate obligations will sow the seeds of American isolationism that wil...


Government, Immigration

The executive order signed by President Donald Trump on Friday to restrict immigration from certain Muslim countries violates ...


Constitutional Law

California has no right to secede from US

Feb. 1, 2017
By Jim Burgess

The signature-gathering efforts of the California Independence Campaign for an unconstitutional "constitutional" amendment all...


Constitutional Law, Entertainment & Sports, Labor/Employment

IMDb law does not pass muster

Feb. 1, 2017
By Kenneth P. White

Assembly Bill 1687, which would prohibit IMDb from publishing actors' age, raises First Amendment flags. Last week an array of...


Judicial Profile

Francis Bennett II

Feb. 1, 2017
By Arin Mikailian

LA County Judge Francis Bennett II followed his father into the law and now is on the bench.


Judicial Profile

John Scherling

Jan. 31, 2017
By Arin Mikailian

San Diego County Judge John Scherling says tech and family cases have things in common.


Perspective

We should reexamine our priorities when it seems we can't afford enough trained social workers, yet spend plenty on prison gua...


Law Practice

America hasn't always been Splitsville

Jan. 31, 2017
By James Attridge

The times they are a-changin' -- especially regarding divorce. As recently as 1964, a messy divorce torpedoed a presidential r...


Entertainment & Sports, Intellectual Property, Civil Litigation

McCartney asks US court for Help!

Jan. 31, 2017
By Kenneth D. Freundlich, Michael J. Kaiser

The famed Beatle is seeking help in the form of a declaratory judgment that his termination under U.S. law of his grants of U....