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Howard Miller

Daily Journal podcast host
(effective March 2020)
howard_miller@dailyjournal.com

To receive alerts when next podcast drops, email your State bar license number to
editor@dailyjournal.com

Administrative/Regulatory, California Supreme Court, Government

May SCOTUS re-think independent executive agencies altogether?


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Securities, U.S. Supreme Court

Recent precedent and overuse may prompt limiting of common SEC remedy


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Criminal, U.S. Supreme Court

The high court reviews Title VII and state no-aid-to-religion clauses this term


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Criminal

Does the Constitution mandate an insanity defense? Or a unanimous jury? When may juveniles be given life-without-parole senten...


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Securities, U.S. Supreme Court

US Bank and Intel contest ERISA liability; insurers call de-appropriation of ACA funds a '$12 billion bait-and-switch'


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Immigration, U.S. Supreme Court

The Courts considers DACA, stolen social security numbers in employment applications, and cross-border shootings.


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Environmental & Energy

Can California's Clean Air Act-exempted vehicle emissions regime survive an EPA rule change?


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Criminal

How much will AB 392's new police-use-of-force standard impact charging decisions and civil liability?


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Government, Tax

Just-signed SB 27 seeks income tax disclosures from next spring's presidential primary candidates. Will it stand?


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Government, U.S. Supreme Court

Two cases last term gave SCOTUS a chance to meaningfully curtail administrative agency power; did the Court take it?


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JAMS Session

Jul. 26, 2019

The 9th Circuit is mulling whether a JAMS arbitrator should have disclosed his part-ownership of the neutral company to partie...


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Alternative Dispute Resolution, U.S. Supreme Court

A call to 'Armendariz'

Jul. 3, 2019

A battery of amici ask FAA-friendly SCOTUS to overturn a 20-year California rule setting minimum arbitration standards.


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Labor/Employment

After hearing argument the California Supreme Court has ordered additional briefing in a case that could reshape the contours...


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Government, U.S. Supreme Court

Brady v Pitchess

Jun. 7, 2019

Does California's regime ensure 'Brady' compliance? Or is proactive sharing between law enforcement and prosecutors needed?


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California Supreme Court

Business-owner plaintiffs suffering 'purely economic losses' from the 2015 SoCalGas leak were barred Thursday from recovering ...


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Challengers claiming Los Angeles City Council District 10 was racially gerrymandered have asked SCOTUS to step in. On the show...


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Law Practice

Sally Q. Yates, former U.S. Deputy Attorney General and Acting Attorney General, and now partner with King & Spalding, joi...


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9th U.S. Circuit Court of Appeals

Nationwide injunction critics say the remedy prevents lower court percolation; the 9th Circuit will test that thesis after ord...


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Can shareholders sue over tender offer misrepresentations and omissions? And is negligence the standard to meet? SCOTUS this w...


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Co-authors of the new book 'The Company They Keep: How Partisan Divisions Came to the Supreme Court,' Lawrence Baum (Ohio Stat...


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In one of three bitterly-fought denials for rehearing en banc, the 9th Circuit let stand a ruling protecting homeless individu...


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As the Supreme Court seems vexed once again by partisan gerrymandering challenges, we're joined by Benjamin Fliegel and Brian ...


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District Attorney Todd Spitzer (Orange County), veteran criminal defense attorney Robert Sanger (Sanger Swysen & Dunkle), ...


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Securities and white collar defense veteran Richard Marmaro (Skadden, Arps, Slate, Meagher & Flom LLP) offers insights int...


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Appellate Practice, California Courts of Appeal

A Tentative Proposal

Mar. 8, 2019

The 1st District Court of Appeal would become the first California appellate court to use tentative rulings district-wide, if ...


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9th U.S. Circuit Court of Appeals, Constitutional Law, Labor/Employment, Military Law

This week we're joined by four experts to chat through the week's biggest California-related appellate and constitutional news...


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Environmental & Energy

SCOTUS has decided to hear an important 9th Circuit appeal regarding whether the Clean Water Act covers indirect discharges of...


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Constitutional Law, U.S. Supreme Court

The fight over a prominent, publicly-maintained cross memorializing war dead gives SCOTUS the chance to clarify a confused Est...


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9th U.S. Circuit Court of Appeals, Judges and Judiciary, U.S. Supreme Court

SCOTUS Second Half

Feb. 8, 2019

Several 9th Circuit appeals await resolution at the U.S. Supreme Court this term, and some other prominent petitions remain pe...


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

In its first chance to construe new First Amendment commercial speech doctrine articulated last spring by SCOTUS in 'NIFLA v. ...


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