California Supreme Court, Constitutional Law
The constitutionality of the CVRA, not just its statutory intent, should be reviewed
By John K. Haggerty
The California Supreme Court has issued its first decision interpreting the California Voting Rights Act, but failed to addres...
Constitutional Law
Part I on interpreting our Constitution: the traditional approaches
By Myron Moskovitz
"Originalism" and "textualism" might indeed be gimmicks - at least for some of the Justices some of the time.
Technology
Cutting costs, not corners, in legal research AI
By Daniel B. Garrie, Ryan Abbott
The AI revolution is here – those who sensibly embrace it will reap substantial benefits, while those who ignore it risk being...
Ethics/Professional Responsibility, Judges and Judiciary
Blue slip abuse will only make judge-shopping problem worse
By John P. Collins Jr.
Currently, some districts divide their business geographically, so that a case filed in a particular division will only be hea...
California Supreme Court, Torts/Personal Injury
Help Wanted: Supreme Court guidance on hazardous recreational activities
By Yisrael Gelb
The Court should not only take up (and reverse) Carr, but provide guidance as to an oft-litigated statute. It wouldn’t hurt ei...
9th U.S. Circuit Court of Appeals, Immigration
9th Circuit allows 3rd country asylum-related transit ban to continue
By Sabrina R. Damast
One cannot help but wonder (as Judge Van Dyke insinuates) if political leanings played a much greater role than they should ha...
Administrative/Regulatory, Technology
FEC regulation of deepfakes will not meaningfully protect voters from misinformation
By Andrew H. Werbrock
Absent an act of Congress, the FEC has no statutory authority to regulate deepfakes by non-candidate actors.
California Courts of Appeal
CCP 998 and settlements - new guidance from the court of appeal
By Bob Blum
This is the first time that any court has dealt with a settlement that is less than the 998 offer when the case involved a fee...
Administrative/Regulatory, Labor/Employment
As the heat index rises, standards for keeping employees cool may also change
By Kate LaQuay, Sahar Shiralian
California employers with workspaces that are prone to extreme heat, such as warehouses, may want to review newly-proposed Cal...
Labor/Employment
A reminder about California’s newer, and upcoming labor law changes
By Twila S. White
The relatively new laws impact employee rights and expand the scope of protection to employees.
Government
The mug shot is an ominous warning of what’s to come should Trump win the election
By A. Marco Turk
If Trump takes office while the charges are still pending against him, he’s likely to move to quickly get rid of them. He woul...
What’s the big deal with this proposed immigration court regulation?
By Dana Leigh Marks
The rampant dysfunction and gridlock in all aspects of our nation’s immigration system are well known. But few outside the inn...
Hybrid work arrangements can support your company’s ESG goals
By Felice B. Ekelman, Julie Kantor
While the Supreme Court's recent decisions in Students for Fair Admissions v. Harvard and Students for Fair Admissions v. Univ...
California Courts of Appeal, Intellectual Property
Display lefts and rights
By John R. Wierzbicki
Vermont Law School decided to build a wall of acoustic panels just two inches in front of the mural, but not touching the mura...
Contracts, Entertainment & Sports
Analyzing the NCAA’s shrinking authority
By Frank N. Darras
New NCAA President Charlie Baker has publicly stated his support of players being able to profit off NIL; it’s a great sentime...
Family
How to prevent a drawn-out divorce from depleting you emotionally and financially
By William C. Gentry
While your financial situation has almost certainly changed as a result of your divorce, there are tools to help mitigate the ...
Labor/Employment
Asking about criminal history is off limits during job interviews
By Julia Y. Trankiem, Steven A. Morphy
All California employers should be aware of updated regulations for the use of criminal history in hiring decisions, many of w...
Government
Government Transparency Act is a shameful abuse of the initiative process
By Christine Wood, Darren Ziegler
While transparency is crucial, it must be balanced with the right to privacy, as outlined in the California Constitution. Wait...
The U.S. Treasury Department has proposed new rules meant to make it harder – much harder – for people not to pay tax on their...
Outcomes in a courtroom are not sterile; they are the result of human beings assessing the motivations and actions of others. ...
Presumably the fentanyl death epidemic is what drove the prosecution to choose a murder over manslaughter. There is no questio...
Constitutional Law
Is Donald Trump ineligible to run as president?
By Erwin Chemerinsky
It is disquieting to think of courts keeping someone with substantial public support from running for president, let alone a f...
Construction, Contracts
Trees cut down by unlicensed contractors may make a sound, but not the sounds of money
By Garret D. Murai
One issue that historically has never been addressed is whether Section 7031 bars a licensed contractor from seeking compensat...
Judges and Judiciary
Mike Baliel's impressive reputation for all things IT preceded him
By Lawrence P. Riff
Mike is new to the LASC – he’s been here about six months – but not to the California or national court information technology...
Criminal, Judges and Judiciary
“My final words to our legal community”
By James P. Gray
A former gang member’s penned sentiments to one of Orange County’s retired judges.
Law Practice
Lawyers can refresh their practices for ‘back to school’ season
By Shari L. Klevens, Alanna G. Clair
Lawyers can use this time of year to evaluate their internal procedures and take steps to reduce risk.
Civil Rights, Law Practice, U.S. Supreme Court
A candid look at 'diversity, equity, inclusion & belonging' in the legal profession
By Angela Reddock-Wright
Lawsuits have been filed against Perkins Coie and Morrison and Foerster challenging their DEI internship programs. Both firms ...
Tax
Are tax preparation companies actively working to undermine the IRS’ direct file system?
By Morgan Gray
Many taxpayers spend hours itemizing deductions without realizing that the standard deduction is often a better choice, which ...
Entertainment & Sports
Stream It Tonight! "The End" (September, 2023)
By Michael Asimow, Paul Bergman
Lawyers have been heard to say things like “I’m immersed in law all day, I want to escape from the law when I watch movies or ...
Civil Litigation, Torts/Personal Injury
Remembering Korean Air Lines Flight 007 forty years later
By Michael E. Rubinstein
The tragic downing of Flight 007 came at the height of the Cold War. For many years, courts in the United States, including he...