Fake cases, real consequences: The Noland warning
By Jason E. Fellner
The Noland decision delivered a sharp warning to lawyers: use generative AI at your own risk, because only human judgme...
America confronts the legal limits of its expanding drug war
By John H. Minan
A new U.S. military campaign targeting alleged drug-smuggling vessels raises profound constitutional, statutory and internatio...
Torts/Personal Injury
Why minimal sidewalk safety compliance leaves pedestrians at risk
By Yosi Yahoudai, Parham Nikfarjam
Broken or unstable utility vault covers and exposed wires on sidewalks across the U.S. create predictable, preventable hazards...
Civil Procedure
Survivors will no longer recover pain and suffering damages
By Eydith Kaufman
Effective Jan. 1, 2026, California will no longer allow survivors to recover damages for a deceased loved one's pain, sufferin...
Letters
Picking a judge isn't like a box of chocolates - 170.6 protects the sweet spot of fairness
By Bruce M. Brusavich
Peremptory challenges under Code of Civil Procedure §170.6 remain essential for protecting litigants from biased judges, ensur...
Civil Rights
Courting discrimination: Trans Americans left unprotected
By Erwin Chemerinsky
The Supreme Court has repeatedly ruled against transgender individuals this year, allowing bans on military service, healthcar...
LA Fires
Rebuilding Los Angeles: Lessons from California's wildfire recovery
By Roberto Escobar
California's post-wildfire recovery efforts in early 2025 revealed both the promise and the pitfalls of its disaster laws -- e...
Judges and Judiciary, Ethics/Professional Responsibility
Listening as the first principle of civility
By Scott C. Clarkson
Civility, grounded not in mere politeness but in the ethical discipline of listening, serves as the foundation of justice by e...
Data Privacy
California data breach law tightens with 30-day deadline, raises stakes for companies
By Leeza Arbatman
A recent amendment to California's data breach law imposes a firm 30-day notice deadline, limiting companies' discretion to po...
Stop abuse claims from being exploited
By Thomas A. Cifarelli
Allegations of fraudulent claims in child sexual abuse cases highlight the importance of ethical safeguards and experienced le...
Trump's conduct as president mirrors the bad leadership that triggers employment lawsuits in any organization -- and impeachme...
AI tools are transforming mediation practice, from document analysis to settlement predictions, but the distinctly human eleme...
Government, Constitutional Law
Prop. 50: California's racial gerrymandering fails constitutional scrutiny
By Shawn Steel
Tangipa v. Newsom challenges Prop. 50 as an unconstitutional racial gerrymander, arguing that the maps, drawn with race...
Appellate 'gotchas' -- rules barring new arguments at oral argument -- should be used sparingly, because denying counsel the c...
Constitutional Law, Civil Rights
That masked man was not the Lone Ranger
By Dan Jacobson
Unlike the masked Lone Ranger who upheld justice, today's masked ICE agents raise serious legal concerns as they operate more ...
Books
A new biography of Thomas More allows readers to be their own judge
By John J. Kralik
Thomas More chose conscience over the king, paying with his life and teaching that law, faith and principle must sometimes def...
If you're falsely imprisoned but not exonerated, your legal recovery may be taxable --highlighting a peculiar gap in how the t...
In family court, cultural differences shape behavior, communication and perceptions of fairness, and understanding these dimen...
Torts/Personal Injury
When negligence is not an occurrence: The intersection of intentional conduct and negligence
By Jordan S. Derringer
In State Farm Fire & Casualty Co. v. Diblin, the California Court of Appeal reaffirmed that intentional conduct c...
Consumer Law, Class Action
CEMA expands liability for text-based referral marketing in Washington
By Wynter L. Deagle, Teresa R. Morin
Plaintiffs' attorneys are increasingly turning to Washington's CEMA to challenge text-based refer-a-friend programs, drawn by ...
Immigration
The National Guard isn't a political tool: Why Illinois should resist
By John H. Minan
Trump calls up the National Guard in Illinois, citing "rebellion" and insufficient forces; courts and critics say there's no t...
Law Practice, Judges and Judiciary, Civil Procedure
It's time to deep six the '6'
By Lawrence P. Riff
California's Code of Civil Procedure section 170.6 -- originally intended to prevent judicial bias -- has devolved into a tool...
Securities
Why the Supreme Court should revisit SEC disgorgement remedy
By Thomas A. Zaccaro, Mindy Vo
Five years after Liu v. SEC, courts remain split on how to apply its limits on disgorgement, leaving the SEC's most po...
Ethics/Professional Responsibility
What California lawyers need to know about DC ethics advice
By Marc D. Alexander
California lawyers and law firms should evaluate whether entering into agreements with the government that restrict their prac...
Government, Constitutional Law
Social media tests free speech for government workers
By Adanté Pointer
Social media has blurred the line between official and personal speech for public employees, creating new legal challenges ove...
Alternative Dispute Resolution
The December dilemma: Why year-end settlements make strategic sense
By Chad W. Firetag
Year-end settlements, driven by psychological, financial, and tax incentives, allow litigants and attorneys to avoid the holid...
LA Fires, Insurance
Before the ash settles California must learn from Katrina
By Chip Merlin
California's wildfire litigation is echoing the post-Katrina struggle over causation, with courts now facing the pivotal quest...
Government, Civil Rights
Prop 50 lawsuit tests limits of race-conscious mapping
By K. Chike Odiwe
A GOP lawsuit over California's new district maps tests whether the state's largest ethnic group -- Latinos -- can still quali...
