Law Practice, Appellate Practice
Eating the criminal justice reform elephant
By David A. Senior
Criminal justice change is not necessarily reform. Reform infers improvement. District Attorneys may be best to approach refor...
Had the opinion been only a dismissal of a frivolous appeal, it wouldn’t merit publication. And yet, that’s not where this wen...
Environmental & Energy, Constitutional Law
The Supreme Court must continue to restore first principles in environmental law
By Frank Garrison
The Framers knew that divisions of power between governments and their branches would promote individual liberty and they thus...
Law Practice, Appellate Practice
Court of Appeals in Young v. Solano County opens the door to racial bias complaints
By Brenda Star Adams
The Racial Justice Act and Young's broad interpretation force courts to squarely address racial bias in the system, and...
Within a year after Prop 13 was enacted, furious tenants pushed their local legislators and electorates to enact rent control ...
Because he failed to notify the court that held the probation violation hearing of defendant’s imprisonment within 30 days aft...
Military Law, Labor/Employment
Supreme Court decision should help returning veterans get their jobs back
By Eileen C. Moore
It is shameful that states across the country have been refusing to rehire Reservists and Guard members, who worked for the st...
Law Practice, Appellate Practice
Lawyers will fight to preserve women’s rights
By James J. Brosnahan
Two thousand six hundred and fifty women partners in law firms signed a call to action. That powerful juggernaut should not be...
Insurance
Human trafficking and insurance coverage implications for the hospitality industry
By Mikaela Whitman
Those in the hospitality industry and other entities who could be implicated in a human trafficking lawsuit should familiarize...
U.S. Supreme Court, Constitutional Law
Previewing Moore v. Harper
By Bruce A. Wessel, Adam Rowe
The question is, which Roberts shows up in Moore - Rucho Roberts or Arizona Legislature Roberts?
U.S. Supreme Court, Constitutional Law, Civil Rights
The abortion debate and its impact on the disabled community
By Hope Michelle Shinderman
Disability selective abortions, or the termination of pregnancy due to a prenatal disability diagnosis, create significant ten...
Entertainment & Sports
Stream it Tonight! Anatomy of a Murder (1959)
By Paul Bergman, Michael Asimow
Preminger’s casting of lawyer Joseph N. Welch to play Judge Weaver was a political statement that contributed to the film’s re...
Tax
Pay California tax even if you never set foot in the Golden State
By Robert W. Wood
Any time you are doing anything from someone in California, you should think about taxes and whether the state can track you d...
Letters
Coverage of UC Hastings name change meeting didn’t capture the theatrics and betrayal
By Kris Whitten
Data Privacy
T-Mobile has a half billion reasons to improve security for sensitive customer data
By Anita Taff-Rice
The class action settlement still faces some hurdles. The Court must approve the settlement terms and T-Mobile reserved the ri...
An anti-abortion activist who learns that a neighbor intends to drive a daughter, wife, sister or other relative or a nonrelat...
Tax
Income tax audits: Fear the Franchise Tax Board, not the IRS
By Bruce Givner, David Rice
The California FTB has no corollary to IRS Appeals. That is because it is unconcerned about having the 1,500 Superior Courts g...
Law Practice, Appellate Practice
A Red Flag about a Red Flag in 1920s California
By John S. Caragozian
For the first time, the Supreme Court reversed a state court conviction on free speech grounds. Moreover, the court explicitly...
Insurance
Insurance coverage for claims involving the misuse of biometric information
By Peter S. Selvin
There have been several lawsuits involving the use or storage of biometric information which have resulted in multi-million do...
Letters
California State Bar’s proposed paraprofessional regulatory changes supported by many
By Merete Rietveld
Law Practice, Appellate Practice
Specific jurisdiction over non-resident defendants widens
By Cherisse H.A. Cleofe, Paul R. Kiesel
As seen in Daimler, while Bristol-Myers took steps to limit the application of specific jurisdiction, Ford has opened a door f...
Securities, Banking
SEC and DOJ file first ever crypto insider trading cases: A sign of greater regulatory enforcement to come in this Crypto winter?
By Philip J. Kearney, Thomas F. Mazzucco
With the stablecoin meltdown of early May, and the recent collapses of cryptocurrency hedge funds like Three Arrows Capital, t...
Cryptocurrency is more regulated than you thought
By Louis J. Shapiro
This prosecution has far greater implications than this one case. It is a turning point in the world of cryptocurrency.
State Bar & Bar Associations, Legal Education
Practitioners are concerned the “Non-Exam Pathway” to Bar admission is not appropriate for California
By Ann I. Park, Gil Peles
The "non-exam pathway" appears unlikely to ensure substantive knowledge of the law, legal writing, or analytical skills under ...
The legal background is this: Congress had become concerned about copyright infringement by state government entities. The pro...
Back in Avalon, the two deadlocked candidates agreed to draw a name out of a hat to determine who would serve on the City Coun...
Law Practice, Appellate Practice
Anti-SLAPP motions and hearsay
By Gary A. Watt, Rosanna W. Gan
The time for the plaintiff in Sanchez to fish or cut bait on admissible evidence should have come later - when and if t...
What is the legal requirement for preserving documentation, including text messages, by the Service? None!
Constitutional Law
Five Cases in eight days that have changed what I say to law students about the Supreme Court
By Julie A. Werner-Simon
Professors like me are revising their lesson plans because so much has changed. Law students are impacted, too. I got an angui...