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Legal Education

Newsom signs bill, killing State Bar paraprofessional program

Sep. 20, 2022
By Nancy Drabble, Saveena Takhar

The bill was passed as an urgency measure so it goes into effect immediately. This guarantees that the bar cannot precipitousl...


Family, Criminal

A protective order should only be renewed “if, and only if, it finds by a preponderance of the evidence that the protected par...


Government

The Coming SCOTUS Fight Over the Voting Rights Act

Sep. 20, 2022
By Michael Li, Sonali Seth

Courts have never held that the Fourteenth Amendment bars any consideration of race in map drawing. The only constitutional li...


Technology, Civil Rights

Since the law imposes content- and viewpoint-neutral disclosures and does not require or prohibit platforms from engaging in t...


Entertainment & Sports, Civil Rights

In the 70s, seeds previously sown took sprout and grew ultimately into a uniquely successful civil rights movement, with such ...


Insurance, Civil Litigation

The sudden emergency defense and the La Brea crash

Sep. 19, 2022
By Michael E. Rubinstein

If the evidence supports a conclusion that this crash was intentional – as prosecutors claim – victims of the crash may find ...


Government, Civil Rights

Coercing Religion – Part Two

Sep. 19, 2022
By Myron Moskovitz

All of the Justices in the majority in both Town of Greece and Kennedy were Christian. As life-long adherents of Americ...


Government, Constitutional Law

Constitutionality of Proposition 30 is questionable

Sep. 19, 2022
By Matthew C. Alvarez

While most initiatives contain a single subject by focusing on one policy area, some initiatives are so far-reaching that they...


Law Practice, Appellate Practice

Every potential appeal should be evaluated before filing, for both substance and motive, by an attorney knowledgeable about th...


Labor/Employment, Constitutional Law

The pending Ninth Circuit panel hearing, when coupled with the current state of arbitration agreements following Viking River ...


Legal Education, Law Practice, Appellate Practice

Beyond the paper chase

Sep. 16, 2022
By Michael L. Stern

Contemporary law students seek a legal education that fulfills an expanding range of client needs, promotes access to justice ...


Alternative Dispute Resolution

ADR and this years’ most impactful decisions

MCLE
Sep. 16, 2022
By Paul Dubow

Had the Court adopted Orrick’s position, international arbitration in the United States would have been problematical, given t...


Entertainment & Sports

Stream it Tonight! Paths of Glory (1957)

Sep. 16, 2022
By Michael Asimow, Paul Bergman

More than six decades after it was made, Paths of Glory reflects contemporary concerns about command influence in military jus...


Tax

Don’t settle with the FTB – yet

Sep. 16, 2022
By Bruce Givner, Owen Kaye

The results of a bad IRS audit binds the taxpayer for state tax purposes. However, in some situations the IRS accepts a return...


Government, Banking

Crypto turf battles await legislative resolution

Sep. 15, 2022
By Benny Osorio

Just as the SEC has been wrangling securities rough riders, the CFTC has been actively rounding up commodities violators.


Tax, Government

IRS audit worries grow

Sep. 15, 2022
By Robert W. Wood

Tax advisors are not supposed to play audit lottery or to base their substantive tax advice on statistics that show that most ...


Law Practice, Appellate Practice

Expert depositions in preparation for trial

Sep. 15, 2022
By Dan L. Stanford

Assuming you determine you cannot exclude an expert’s testimony, your next effort can be to attempt to weaken the foundation o...


Labor/Employment

When union reps said pro-union workers hadn’t received ballots in the mail, NLRB employees prepared duplicate ballots while ar...


Criminal

English common law still reigns supreme

MCLE
Sep. 14, 2022
By Alexander Rufus-Isaacs

With any case of first impression, where California statutes are silent on a subject and there is no other positive law, the E...


Letters

Myron Moskovitz's September 6 piece Coercing Religion - Part One reignited a flame in me that I expressed back in a 2010 Daily...


Judges and Judiciary

Superior Court summer extern program: an evaluation

Sep. 14, 2022
By Richard L. Fruin

The extern experience is intended to introduce law students to the expectations of judges and, more broadly, to the practice o...


Torts/Personal Injury

A tactic widely perceived as mostly fraudulent by the profession is being used by defense counsel in torts claims. If successf...


Real Estate/Development, Government

Closing a habitability exclusion loophole

Sep. 13, 2022
By Stephen L. Raucher

The 24th & Hoffman court was unpersuaded by either Saarman or Conway, declining to follow those non-binding cases.


Law Practice, Appellate Practice

Nearly every guest has commented on the need to get out of the office and join the legal, local, or larger community as early ...


Native Americans, Family

The Indian Child Welfare Act is what’s best for kids

Sep. 13, 2022
By Kathryn Eidmann, Tara C. Ford

Placement with extended family and other caregivers identified by the Indian child’s Tribe maintains a network of familiar rel...


Constitutional Law

A misguided quest for the original understanding

Sep. 13, 2022
By Erwin Chemerinsky

The Supreme Court’s embracing of originalism is an approach to constitutional law that threatens basic aspects of freedom and ...


Law Practice, Appellate Practice

In effect, the majority’s holding contravened the fundamental principle “that mere gang membership and affiliation with gang m...


The court’s decision is consistent with California precedent, which long ago merged the common law doctrines of impracticabili...


Health Care & Hospital Law, Government

Gender dysphoria could be an ADA-protected disability

MCLE
Sep. 12, 2022
By Kamran M. Shahabi

Employers, having knowledge of an employee’s diagnosed condition, should likely recognize that transgenderism, if associated w...


Law Practice, Appellate Practice

Attorneys as educators

Sep. 12, 2022
By Paul A. Bacigalupo, Barbara A. Kronlund

As a nation we are experiencing a truly unique moment, and one where we will need to rely on the rule of law to guide us throu...