Law Practice, Environmental & Energy
St. Francis Dam: California's worst civil engineering disaster
By John S. Caragozian
The 1928 collapse of the dam unleashed a flood that killed almost 500 people in Los Angeles and Ventura counties. It is regula...
Law Practice, Alternative Dispute Resolution
'My Cousin Vinny' in Arbitration? (Part II: discovery and hearing)
By Fred Bennett
My September column focused on how the extraordinarily funny litigation antics of six-weeks-since-passing-the-bar Vinny might ...
State Bar & Bar Associations, Letters, Law Practice, Ethics/Professional Responsibility
Column critiquing Paraprofessional Program unfairly characterizes IAALS
By Jeremy D. Fogel
Danny Abir’s recent column unfairly characterizes an organization and individuals with a proven record in expanding access to ...
Labor/Employment, 9th U.S. Circuit Court of Appeals
9th Circuit helps clarify employer willfulness under FLSA
By Eric M. Lloyd, Andrew McKinley
A recent ruling suggests that prior audits — even audits applying an appropriate legal standard — may be of limited usefulness...
Securities, Corporate, Banking, Administrative/Regulatory
Decade in the making: CFPB proposes Dodd-Frank Section 1071 Regulations
By Moorari Shah, A.J. Dhaliwal
On Oct. 8, the Consumer Financial Protection Bureau published for public comment an expansive 918-page notice of proposed rule...
Government, Criminal
A glimmer of hope in California for accountability in law enforcement
By Julia N. Quesada
California has taken an encouraging leap in the right direction on law enforcement accountability with the signing of Senate B...
Environmental & Energy, 9th U.S. Circuit Court of Appeals
Economic impacts are valid basis for Clean Water Act relief
By Andre Monette
A recent 9th Circuit ruling upheld the EPA’s discretion to consider economic impacts when determining whether the grant a vari...
Judges and Judiciary, California Supreme Court
Calfornia’s courts need updating
By Mariano-Florentino Cuéllar
As Americans question the capacity of their institutions to serve them effectively and people around the world voice doubts ab...
U.S. Supreme Court, Labor/Employment, Entertainment & Sports
Lawyers can help level the playing field for college athletes
By Frank N. Darras
Any honest, objective review of how our college athletes historically have been treated would certainly reveal flagrant, unfor...
The moral of this little story should not be lost on regulatory bodies: Be fair. Enact general ordinances that apply across th...
Lawyers tend to discover that their reputation plays a significant role in how their lawyering career progresses. This is not ...
Law Practice, International Law
Court interpreting lesson from Nuremberg: 75 years later
By Hiram Torres
The tribunal had the colossal mission of bringing to justice a total of 199 accused war criminals during a series of 13 trials...
Government, Criminal
Policing reform legislation will impact public agencies
By David G. Ritchie
Governor Gavin Newsom’s signature on a package of peace officer reform bills will significantly affect and create additional r...
Letters, Law Practice, Criminal
Justice follows when empathy is evenly distributed
By Mark B. Baer
In his Oct. 20 column, “Our justice system must become more victim-centric, retired Judge Eugene M. Hyman argues that “the sys...
The objective of this article and self-study test is to review the rules applicable to the appointment of conservators and the...
Environmental & Energy, Civil Rights
Joshua tree ruling prevents agencies from ignoring climate change impacts
By Sunjana Supekar, Douglas P. Carstens
Last month, a U.S. district court granted summary judgment to environmental plaintiff WildEarth Guardians in its suit challeng...
Government, Constitutional Law
Bannon can’t hide behind executive privilege
By John H. Minan
Stephen K. Bannon, who was pardoned by President Donald Trump for defrauding investors in a border wall fundraising scheme, is...
Environmental & Energy, Administrative/Regulatory
Competition and collusion on the road to clean cars
By Peter Damrosch, Matthew Zinn
The historic pattern has been for the manufacturers to work together to derail the development of environmental regulations an...
Labor/Employment, 9th U.S. Circuit Court of Appeals
9th circuit finds ‘paramour preference’ does not violate Title VII
By Kacey R. Riccomini
The court recently determined that “paramour preference” — an employer favoring a supervisor’s sexual or romantic partner over...
Labor/Employment, Corporate, Civil Litigation
‘Women on boards’ law headed to trial
By Virginia F. Milstead, Kasonni Scales
On December 1, after much delay, trial will begin in a lawsuit challenging the validity of Senate Bill 826, California’s law m...
Government, Environmental & Energy, Administrative/Regulatory
Congressional paralysis equals regulatory whiplash
By David C. Smith
The cycle of regulatory ping-pong every four or eight years is not new, but it seems especially pronounced (and absurd) today ...
State Bar & Bar Associations, Letters, Law Practice, Ethics/Professional Responsibility
Paraprofessional opposition appears biased
By Mark B. Baer
I initially had no interest in accepting the Daily Journal’s request to its subscribers to submit articles either in support o...
State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility
Ulterior motive behind push for new legal service models?
By Danny Abir
The Institute for the Advancement of the American Legal System’s pursuit of and support for new legal service models in variou...
Criminal
A look inside AB 490 and limitations on the use of force
By David E. Mastagni
For this new law to be successful, officers will require new training regarding appropriate techniques of arrest control that ...
Labor/Employment
Catching up with California’s newly enacted L&E legislation
By John L. Barber, Nicole Davidson
In the past year, the California Legislature passed multiple bills in the area of labor and employment. This article provides ...
Administrative/Regulatory
California imposes new requirements for automatic subscription renewals
By Kim Phan, Jill Dolan
On Oct. 4, Gov. Gavin Newsom signed Assembly Bill 390 into law, which amends California’s existing law on automatic subscripti...
Labor/Employment, Civil Litigation
Repairing the cracked windshield that is AB 5
By Ronald L. Zambrano
When Assembly Bill 5 — the so-called “gig worker law” — was enacted at the end of 2019, it appeared that California lawmakers ...
Tax, Law Practice
Another settlement taxed because of a poor settlement agreement
By Robert W. Wood
The tax treatment of lawsuit settlements can depend on the wording of the settlement agreement. For example, Debra Jean Blum r...
State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility
Paraprofessional program will perpetuate disparities
By Erin M. Joyce, Raquel Greenberg
The State Bar’s paraprofessional program is unlikely to minimize the justice gap and will result in individuals with insuffici...
Judges and Judiciary, Criminal
Our justice system must become more victim-centric
By Eugene M. Hyman
If the pandemic has had any kind of benefit, it’s that it has raised awareness of the functions and dysfunctions of our courts...