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Criminal

English common law still reigns supreme

MCLE
Sep. 14, 2022
By Alexander Rufus-Isaacs

With any case of first impression, where California statutes are silent on a subject and there is no other positive law, the E...


Letters

Myron Moskovitz's September 6 piece Coercing Religion - Part One reignited a flame in me that I expressed back in a 2010 Daily...


Judges and Judiciary

The extern experience is intended to introduce law students to the expectations of judges and, more broadly, to the practice o...


Torts/Personal Injury

A tactic widely perceived as mostly fraudulent by the profession is being used by defense counsel in torts claims. If successf...


Government, Real Estate/Development

Closing a habitability exclusion loophole

Sep. 13, 2022
By Stephen L. Raucher

The 24th & Hoffman court was unpersuaded by either Saarman or Conway, declining to follow those non-binding cases.


Appellate Practice, Law Practice

Nearly every guest has commented on the need to get out of the office and join the legal, local, or larger community as early ...


Family, Native Americans

The Indian Child Welfare Act is what’s best for kids

Sep. 13, 2022
By Kathryn Eidmann, Tara C. Ford

Placement with extended family and other caregivers identified by the Indian child’s Tribe maintains a network of familiar rel...


Constitutional Law

A misguided quest for the original understanding

Sep. 13, 2022
By Erwin Chemerinsky

The Supreme Court’s embracing of originalism is an approach to constitutional law that threatens basic aspects of freedom and ...


Appellate Practice, Law Practice

In effect, the majority’s holding contravened the fundamental principle “that mere gang membership and affiliation with gang m...


The court’s decision is consistent with California precedent, which long ago merged the common law doctrines of impracticabili...


Government, Health Care & Hospital Law

Gender dysphoria could be an ADA-protected disability

MCLE
Sep. 12, 2022
By Kamran M. Shahabi

Employers, having knowledge of an employee’s diagnosed condition, should likely recognize that transgenderism, if associated w...


Appellate Practice, Law Practice

Attorneys as educators

Sep. 12, 2022
By Paul A. Bacigalupo, Barbara A. Kronlund

As a nation we are experiencing a truly unique moment, and one where we will need to rely on the rule of law to guide us throu...


Insurance

Proving liability in “slip and fall” cases

Sep. 12, 2022
By Reza Torkzadeh, Allen P. Wilkinson

Only a few cases are brought to trial, and the average settlement for injuries due to a slip and fall on land owned or possess...


Appellate Practice, Law Practice

Mistakes v. Errors

Sep. 12, 2022
By Arthur Gilbert

Certain persnickety readers, some posing as friends, love to point out spelling and punctuation mistakes (or is it errors?) I ...


Civil Litigation

While there are plenty of defense organizations that do a great job disseminating information and bringing defense lawyers tog...


Volumes have been written about counsel’s preparation for mediation, but what are the elements of client preparation that best...


Stream it Tonight! I Am Sam (2001)

Sep. 9, 2022
By Michael Asimow, Paul Bergman

The personalities of the two attorneys are at the core of this excellent film.


Letters


Appellate Practice, California Supreme Court, Law Practice

Treble damages among a handful of recent important decisions

Sep. 8, 2022
By Alexis S. Coll, Ariel E. Rogers

In Siry Investment, I.P. v. Farkhondehpour, S262081, the California Supreme Court determined that a plaintiff may seek treble ...


Civil Litigation, Torts/Personal Injury

A pyrrhic victory for class action defendants

Sep. 8, 2022
By Alexander M. Smith

By reducing the damages award on due process grounds, the court made clear – despite the plaintiff’s insistence to the contrar...


International Law

I would say that 10 years ago women lawyers rarely took time off. Today, women are really considered equal.


Health Care & Hospital Law

Prompt mental health intervention

Sep. 8, 2022
By Alfonso Estrada, Alexa F. Galloway

On Aug. 15, Kaiser's non-physician, mental-health patient care employees based in Northern California, who are members of Nati...


Appellate Practice, California Courts of Appeal, Law Practice

Hypothetical scenarios don’t create standing

Sep. 7, 2022
By Garret D. Murai

While splits of authority between Courts of Appeal are rare, splits of authority between divisions of the same Court of Appeal...


Environmental & Energy, Health Care & Hospital Law

Under Senate Bill 1144, California will be doubling down on failed policies that have done nothing to reduce Legionnaires’ Dis...


Appellate Practice, Law Practice

Seeking a settlement frame of mind

Sep. 7, 2022
By James P. Gray

Often it is helpful to stress the fact that what actually happened in your case – or in any case – doesn’t make any difference...


Appellate Practice, Law Practice

Limit the risks when working with contract attorneys

Sep. 7, 2022
By Shari L. Klevens, Alanna G. Clair

Ambiguity regarding the nature of the relationship, the scope of the contract attorney’s work, and/or the applicable ethical o...


Letters


Government, Labor/Employment

California Lawmakers Eyeing Greater Pay Transparency

Sep. 6, 2022
By Anne Villanueva, Ryne Posey

If signed into law by Gov. Newsom, SB 1162 would expand the state’s pay data reporting and pay transparency requirements by re...


9th U.S. Circuit Court of Appeals, Appellate Practice, Law Practice

Dicta ain’t necessarily so

Sep. 6, 2022
By Benjamin G. Shatz, Benjamin E. Strauss

In California, stare decisis extends only to the ratio decidendi of a decision, not to supplementary or explanatory comments i...


Technology

The humans win round one

Sep. 6, 2022
By Robert A. McFarlane, Rosanna W. Gan

Predictably, the widespread use of AI has led to numerous complex legal issues.