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Immigration

Let's live up to America's promise

Aug. 5, 2014
By Hernan D. Vera, Judith London

Thousands of children fleeing Central America are caught in a legal no-man's land, trapped between the deadly violence in thei...


Judges and Judiciary

Almost the truth

Aug. 5, 2014
By Arthur Gilbert

To repeat what I have often said, we judges and lawyers are storytellers. Every lawsuit, every judicial opinion involves a story.


Law Office Management

Your Own Style

Aug. 2, 2014
By William Domnarski

Even in legal writing, find your own style to create compelling communication. ...


Books, Constitutional Law

The Classical Liberal Constitution

Aug. 2, 2014
By Erwin Chemerinsky

Erwin Chemerinsky is impressed and disturbed by Richard Epstein's The Classic Liberal Constitution. ...


Entertainment & Sports, Law Practice

Summer heat reveals NFL shortcomings

Aug. 1, 2014
By Robert L. Bastian Jr.

Both on and off the playing fields of professional and collegiate athletics, we are reminded once again this summer that there...


9th U.S. Circuit Court of Appeals, Intellectual Property

Fading blogger-journalist distinction

Jul. 31, 2014
By Andrew J. Thomas

Earlier this year, the 9th Circuit became the first federal appellate court to hold that a blogger enjoyed the same First Amen...


Constitutional Law, Criminal

Death penalty ruling is 50 years late

Jul. 29, 2014
By Sanford Jay Rosen

Judge Cormac Carney has started a process that should have been started by the U.S. Supreme Court in a notorious California ca...


Constitutional Law, Criminal

Search and seizure basics, Part 1

MCLE
Jul. 28, 2014
By Elia V. Pirozzi

The objective of this article and self-study test is to review the principles and recent case authority concerning the Fourth ...


New bill targets Internet extortion

Jul. 29, 2014
By Brian S. Kabateck

Over the past two decades, online speech issues have forced lawmakers and courts to evaluate First Amendment protections in an...


Administrative/Regulatory, Entertainment & Sports, Government

New law tackles brain injuries

Jul. 29, 2014
By Alexander T. Robertson IV

On July 21, Gov. Jerry Brown signed into law Assembly Bill 2127, which aims to tackle the increasing trend of traumatic brain ...


Administrative/Regulatory, Government

Consistent with the Internet's evolution, broadband and edge providers should be able to experiment in how best to use their a...


Corporate, Securities, U.S. Supreme Court

Roberts court isn't all about business

Jul. 26, 2014
By Lauren R. Goldman, Rory Schneider

The decisions issued by the U.S. Supreme Court in its most recent term, which ended June 30, should definitively put to rest t...


Alternative Dispute Resolution

Mediation speed dating: the half-day case

Jul. 26, 2014
By Robert S. Mann

Many of the considerations in speed dating - efficient time use and clearly presenting your position - apply equally to the pr...


Administrative/Regulatory, Corporate, Government

White-collar enforcement's 'compliance effect'

Jul. 24, 2014
By Michael M. Farhang

Recent white collar enforcement activity by the U.S. Department of Justice and other federal agencies has had a salutary effec...


Constitutional Law, U.S. Supreme Court

That's $23.6 billion — with a 'b'

Jul. 24, 2014
By Charles S. Doskow

A lawsuit against R.J. Reynolds recently resulted in an astronomical jury verdict against the tobacco company, but it won't last.


Constitutional Law

Intolerable cruelty and capital punishment

Jul. 23, 2014
By Stephen F. Rohde

Last week's historic ruling by Judge Cormac J. Carney that California's death penalty system is unconstitutional breathed life...


California Courts of Appeal, Civil Litigation

How do you know what the gravamen of a complaint is for purposes of the anti-SLAPP statute? And are a notice of termination an...


Insurance

A footnote in a recent opinion raises questions about the role of deposition testimony in insurance cases. ...


Constitutional Law

Carving up California: been there, tried that

Jul. 22, 2014
By David A. Carrillo, Jack Citrin

Last week, proponents of the "Six Californias" initiative submitted signatures to the secretary of state, which may get it on ...


Labor/Employment

Drafting arbitration agreements in a post-Iskanian world

Jul. 19, 2014
By Arthur F. Silbergeld, Jennifer A. Awrey

In light of recent state Supreme Court decisions, employers should review existing arbitration agreements to ensure they are i...


Criminal

It's time to stop relying on incarceration

Jul. 19, 2014
By James P. Gray

In many ways, the criminal justice system has become too punitive. The U.S. has only five percent of the world's population, b...


Civil Litigation

Forum-shopping insurance companies' latest tricks

Jul. 18, 2014
By Steven E. Knott

Insurance company collateral estoppel arguments in a choice-of-law context should be rejected. By Steven E. Knott ...


Insurance

Adversaries can multiply if insurers sue

Jul. 18, 2014
By Kirk A. Pasich

When an insurers sue to confirm that they owes no coverage, insureds can find themselves litigating on two fronts. ...


Entertainment & Sports, Intellectual Property, Civil Litigation

Over the last couple of weeks, almost every headline about the recent Scarlett Johansson defamation lawsuit has proclaimed tha...


California Supreme Court, Civil Litigation

What Duran really said about statistical samples

Jul. 18, 2014
By Steven S. Kimball

On a close reading, the decision turns out to be not especially path-breaking, neither really curbing nor expanding the use of...


International Law

Cambodia and California's awful traffic

Jul. 18, 2014
By Julie L. Kessler

The pervasiveness of human trafficking in Cambodia is fightening, but the problem also plagues our own backyard. ...


Labor/Employment

The question of allowing an employee to telecommute becomes substantially more complex if the employee is an individual with a...


Constitutional Law, U.S. Supreme Court

What's in a buffer zone? It matters

Jul. 16, 2014
By Erwin Chemerinsky

The U.S. Supreme Court's recent decision in McCullen v. Coakley necessitates new legislation across the country to safeguard t...


Labor/Employment, U.S. Supreme Court

Presumption of prudence is imprudent

Jul. 16, 2014
By Michelle L. Roberts

Fables are not just for children. In Fifth Third Bancorp v. Dudenhoeffer, the U.S. Supreme Court decided that ERISA fiduciarie...


Law Practice

Shine light on issues that linger in shadows

Jul. 15, 2014
By David A. Lash, Daniel Grunfeld

Long before the national media shines its spotlight on a growing injustice, legal aid lawyers likely have already spent years ...