California Supreme Court,
Appellate Practice
Jul. 10, 2017
The final word: civil law at the state high court
Our state Supreme Court must continually define and distinguish legally dispositive categories under both federal and state law.
Stanley Mosk Courthouse
Joseph M. Lipner
Judge
Los Angeles County Superior Court
Harvard Law School, 1988
Bj Ard
Visiting Professor
University of Arizona James E. Rogers College of Law
Email: bj.ard@yale.edu
Yale Law School
BJ teaches contract law and e-commerce.
Our state Supreme Court must continually define and distinguish legally dispositive categories under both federal and state law. In its most recent case applying the Federal Arbitration Act (FAA), it drew a stark line between substantive statutory rights that cannot be waived by arbitration agreement and procedural rights that can. It also clarified that motions to strike strategic lawsuits against public participation (SLAPPs) cannot be asserted against suits for con...
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