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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

U.S. Supreme Court, Constitutional Law

Supreme Court Preview

Oct. 2, 2017

Is it time for judicial action on political Gerrymandering? Is baking speech (and does it matter)? Has modern technology outpa...



9th U.S. Circuit Court of Appeals

9th Circuit Bounds?

Sep. 15, 2017

Ryan Bounds’ colleague and chair of the 9th Circuit Appellate Lawyer Representatives, James Azadian, discusses the nominee’s c...




Criminal

Bail reform champions argue public safety, more than wealth, should determine defendants' pre-trial release chances; but after...



Substantial suits set to shape class action, employment and consumer law jurisprudence await appellate rulings on threshold ju...




Environmental & Energy, Criminal, Constitutional Law, California Supreme Court, Appellate Practice, 9th U.S. Circuit Court of Appeals

Capital Compromise

Aug. 25, 2017

The California Supreme Court upholds much of Prop 66 but undercuts its central provision requiring death penalty appeals to cu...



U.S. Supreme Court

SCOTUS, by the Numbers

Aug. 18, 2017

Kedar Bhatia (Greenberg Traurig), curator of SCOTUSBlog’s annual statistical analysis of U.S. Supreme Court terms, visits to r...




U.S. Supreme Court, Constitutional Law, Appellate Practice

A Fourth for the 21st?

Aug. 11, 2017

Will SCOTUS modernize Fourth Amendment doctrine in 'Carpenter v. U.S.,' involving warrantless searches of modern tech-generate...



Weekly Appellate Report, U.S. Supreme Court, Constitutional Law, Appellate Practice

Paul Levy (Public Citizen) says the 1DCA should have placed a higher burden on defamation plaintiffs seeking identities of ano...




Weekly Appellate Report, Government, Constitutional Law, Appellate Practice

Arcane Clauses Employed

Jul. 21, 2017

Guests discuss two lesser-known pieces of federal law gaining prominence in recent suits against the current administration; P...



Labor/Employment, California Supreme Court, Appellate Practice

A unanimous California Supreme Court deems discovery of fellow employee contact information in PAGA claims permissible, as lea...




U.S. Supreme Court, California Supreme Court

How a split California Supreme Court leaves uncertainty about Prop 36 resentencing discretion, and a unanimous Texas high cour...



Weekly Appellate Report, U.S. Supreme Court, Securities, Immigration, Government, Constitutional Law, Appellate Practice

Podcast: SCOTUS Sum-Up

Jun. 30, 2017

What's a 'bona fide' relationship? When will SCOTUS opine on public firearm carry? How high is the wall between church and sta...




U.S. Supreme Court, California Supreme Court, Appellate Practice

SCOTUS slaps down California's 'sliding scale' approach to specific personal jurisdiction, explains Blaine Evanson (Gibson Dun...



State Bar & Bar Associations, Law Practice

Legal educators and commentators Frank Wu (UC Hastings) and Stephen Diamond (Santa Clara) revisit Whittier Law School's closur...




Government, Criminal, Constitutional Law, Appellate Practice

This week the state high court debates Prop 66, passed narrowly in November and designed to quicken California's criminal exec...



U.S. Supreme Court, Civil Litigation, California Supreme Court

Does a state provision meant to protect residents from new taxes apply when voters themselves initiate the tax? The California...




Intellectual Property, Government, Constitutional Law, Appellate Practice, Administrative/Regulatory

An en banc D.C. Circuit weighs the Consumer Financial Protection Bureau's constitutionality, explains Mike Calhoun (Center for...



The 4th Circuit's undoing of North Carolina's post-Shelby County voting laws stands; Prof. Richard Hasen (UCI Law) ex...




What's in a week? The Cal. Supreme Court clarifies what's demanded of employers by weekly day-of-rest statutes, as Wendy McGui...



Net neutrality may meet SCOTUS review, after the D.C. Circuit declines to rehear en banc its approval of the rules. P...




Weekly Appellate Report

Two friends of the Court offer contrasting views on the Cal. Supreme Court personal jurisdiction ruling argued before SCOTUS T...


Two friends of the Court offer contrasting views on the Cal. Supreme Court personal jurisdiction ruling argued before SCOTUS T...




Professor David Engstrom explains CalPERS v. ANZ Securities, which entails Neil Gorsuch's first day of oral argument ...



Appellate Practice

Is it a tax or a fee? Adam Hofmann (Hanson Bridgett LLP) explains how the answer in Jacks v. City of Santa Barbara co...




Appellate Practice

Presiding Justice of the 2nd District Court of Appeal's 6th Division, Arthur Gilbert offers wit and wisdom from his decades on...



Appellate Practice

For the first time, Cal. Supreme Court says black market goods have "fair" market value, for purposes of Prop 47 valuation, ex...




Appellate Practice

Vikram Amar (Dean, University of Illinois College of Law) and David Dorsen (Of Counsel, Sedgwick LLP, and author of The Un...



Appellate Practice

Josh Patashnik (Munger, Tolles & Olson) explains the 9th Circuit's significant determination that Winters rights ...




Appellate Practice

Luke Wake (NFIB Small Bus. Legal Center) argues why plaintiffs' claims in a pending Cal. Supreme Court employment case stretch...



Appellate Practice

Tony François (Pacific Legal Foundation) discusses Monday's state high court ruling that clarified procedural elements of the ...