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The first episode of the DJ on the J.D., the Daily Journal's legal education podcast, focuses on the significant increase in l...


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Is donating to charity surplus class action settlement funds a logical, efficient solution for unclaimed damages, or a Due Pro...


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California Supreme Court, Labor/Employment

Learning the ABCs

May. 11, 2018

A new three-step test distinguishing employees from independent contractors stands to tilt worker misclassification suits towa...


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To what extent should the president's statements (on social media, the campaign trail, or in office) bear on judicial review o...


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Constitutional Law, U.S. Supreme Court

Left, Right & Gorsuch

Apr. 27, 2018

Three guests weigh the implications of Justice Neil Gorsuch's swing vote last week with his more liberal colleagues in an immi...


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SCOTUS seems poised to invalidate compelled public union dues on First Amendment grounds, but some argue the Court's skeptical...


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Constitutional Law, U.S. Supreme Court

Unqualified Immunity?

Apr. 13, 2018

After another SCOTUS summary reversal of a Qualified Immunity denial, Jay Schweikert (Cato Institute) discusses what he sees a...


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9th U.S. Circuit Court of Appeals, Constitutional Law

Constitutional law scholar and former clerk for the late Liberal Lion Stephen Reinhardt, Michael Dorf (Cornell Law School), re...


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Antitrust & Trade Reg., Government

Timothy Meyer (Vanderbilt Law) explains how Congress' near-plenary power over international trade gradually shifted to the exe...


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Constitutional Law, U.S. Supreme Court

'NIFLA v. Becerra' Panel

Mar. 23, 2018

Four amici from the First Amendment challenge to a California abortion disclosure law discuss what they consider the case's mo...


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Constitutional Law, Government, Immigration

Sanctuary and Supremacy

Mar. 16, 2018

Professor Josh Blackman (South Texas College of Law) takes measure of the DOJ's constitutional arguments in its suit challengi...


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California Supreme Court, Constitutional Law

With social media evidence increasingly used at criminal trials, do defendants have a constitutional right to subpoena relevan...


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9th U.S. Circuit Court of Appeals, Constitutional Law, Government, Immigration, U.S. Supreme Court

SCOTUS considered Wednesday whether concerns over voter intimidation and polling place decorum justify a broad Minnesota prohi...


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Constitutional Law, Criminal, U.S. Supreme Court

Permissible Admission?

Feb. 23, 2018

May a capital defense counsel constitutionally concede his client's guilt, against the client's wishes, where such an admissio...


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9th U.S. Circuit Court of Appeals

Sugar Wars: A New Hope

Feb. 16, 2018

Can required warning labels on soda advertisements pass First Amendment muster? An en banc 9th Circuit will reconsider the que...


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9th U.S. Circuit Court of Appeals, Civil Rights, Government, Immigration, U.S. Supreme Court

Professor Zachary Price (UC Hastings College of the Law) discusses why courts should be wary of overstating the reliance inter...


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

What does the 9th Circuit's unwinding of a multi-state class action settlement against Hyundai augur for future nationwide sui...


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Administrative/Regulatory, Constitutional Law, Securities, U.S. Supreme Court

SCOTUS will soon consider whether Securities and Exchange Commission administrative law judges have been duly appointed, casti...


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9th U.S. Circuit Court of Appeals, Constitutional Law, Government, Immigration, U.S. Supreme Court

As SCOTUS considers Ohio's program to notice and then purge inactive voters from the state's registry, opposing amici Robert P...


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9th U.S. Circuit Court of Appeals, Immigration, Civil Litigation

On Duty

Jan. 12, 2018

A violent chemistry lab stabbing prompts California's high court to reconsider whether state universities owe their students a...


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California Supreme Court, Constitutional Law, Criminal

As the California Supreme Court mulls whether compelled DNA swabs of felony arrestees are constitutional, Michael Risher (ACLU...


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Civil Litigation, U.S. Supreme Court

SCOTUS should use 'China Agritech v. Resh' to clarify that 'American Pipe' tolling does not protect successive class claims, s...


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Constitutional Law, U.S. Supreme Court

SCOTUS takes on a second partisan gerrymandering case, signaling a willingness to finally brave the thorny legal thicket this ...


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Government, Immigration, U.S. Supreme Court

As California's aquifers diminish, the state high court clarified Monday just what latitude groundwater management districts h...


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Intellectual Property, U.S. Supreme Court

Inter Partes Reviewed

Dec. 1, 2017

As SCOTUS considers the constitutionality of Inter Partes Review, an administrative adjudication meant to streamline patent ch...


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Constitutional Law, U.S. Supreme Court

Alex Abdo (Knight First Amendment Institute) says the Fourth Amendment can't adequately protect essential freedoms imperiled b...


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9th U.S. Circuit Court of Appeals, Constitutional Law, U.S. Supreme Court

Such Inferior Courts?

Nov. 17, 2017

Under Article III Congress may 'ordain and establish' lower federal courts , but can it direct them to 'promptly dismiss' cert...


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California Supreme Court, Civil Litigation

Conscientious Objectors?

Nov. 10, 2017

In 'Hernandez v. Restoration Hardware,' argued Tuesday, Ryan Wu (Capstone Law APC) says the California Supreme Court has a cha...


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California Supreme Court, Government

Honestly Overbroad?

Nov. 3, 2017

As tech titans reckon with disruptive foreign interference, Congress debates the Honest Ads Act, aimed at exposing invidious o...


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Constitutional Law, U.S. Supreme Court

Various historical drivers created our near-absolute free speech protections; will contemporary forces - fake news, terrorism,...


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