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Environmental & Energy

Trump’s disasterous environmental record

Jul. 14, 2020
By Nicholas C. Yost

President Trump has undertaken an assault on America’s environmental laws and regulations unmatched in the nation’s history. H...


Labor/Employment

What employers need to know: Coronavirus as a work-related illness, part 1

Jul. 14, 2020
By Christine Samsel, Rosanna Carvacho

Does workers’ compensation cover COVID-19 that may have been contracted by employees in the workplace? The answer is “it depen...


The world’s most dangerous man

Jul. 14, 2020
By Stephen F. Rohde

Mary Trump’s remarkable book may well be the most serious, candid and revealing examination of Donald Trump ever written by an...


U.S. Supreme Court, Constitutional Law

Undermining the religion clauses of the First Amendment

Jul. 14, 2020
By Erwin Chemerinsky

The U.S. Supreme Court's conservative majority is dramatically expanding protection for religions at the expense of all of us ...


Intellectual Property

The ability to realize monetary value from intellectual property assets should not be surprising to business owners. Research ...


Entertainment & Sports

COVID-19 and film production

Jul. 13, 2020
By Neville L. Johnson, Douglas L. Johnson

On June 5, the governor of California gave the green light for film and television production to resume, effective June 12. Th...


U.S. Supreme Court, Government, Constitutional Law

Tea leaves and the CFPB

Jul. 13, 2020
By Anne Voigts, Matt Noller

A recent U.S. Supreme Court decision is notable for what it does, but also for what it doesn't do. It held that the fact that ...


Intellectual Property, Government, Corporate

FCC designates Huawei as national security threat

Jul. 13, 2020
By Janice W. Reicher, Hilary C. Krase

In the ongoing confrontation between the U.S. government and Chinese telecom giant Huawei, the U.S. has dealt another major blow.


Police power in paradise: Hawaii’s quarantine rule is likely valid

Jul. 10, 2020
By Jacob M. McIntosh, Josh McDaniel

Compared to other states, Hawaii has seen few cases and deaths from COVID-19. It is easy to see why. Unlike other states, the ...


Alternative Dispute Resolution

I refuse to take yes for an answer

Jul. 10, 2020
By Robert S. Mann

Perhaps the most influential book ever written about the process of negotiating, and certainly a “primer” for virtually every ...


Physician heal thyself

Jul. 10, 2020
By Patricia Gillette

I am so proud of the many lawyers who have come forward to offer assistance to demonstrators and victims of police violence in...


State Bar & Bar Associations, Legal Education

Plans for the bar exam fail to stand up to close scrutiny

Jul. 10, 2020
By Michael Hunter Schwartz

The California State Bar’s plans for the upcoming October bar exam rely on a dubious, unprecedented version of the multi-state...


Law Practice

Litigation funding during the age of quarantine

Jul. 10, 2020
By Shari L. Klevens, Alanna G. Clair

In addition to the devastating human toll resulting from COVID-19, the pandemic has had an impact on the economy now and likel...


Legal Education

Diploma privilege

Jul. 10, 2020
By Song Richardson

The California Supreme Court should adopt an emergency diploma privilege. It is the equitable, fair, and compassionate solutio...


Judges and Judiciary, Books

Summer reading for our times

Jul. 10, 2020
By Curtis E.A. Karnow

This is a good time to re-read — or for some to pick up for the first time — materials on implicit bias, and in particular how...


Labor/Employment, California Supreme Court

The California Supreme Court recently answered questions of how California labor laws apply to employees who perform work insi...


Immigration

The asylum system is under attack. Over the past few years, we have seen policy after policy, fueled by racism and xenophobia,...


U.S. Supreme Court, Criminal, Constitutional Law

Who watches the watchers?

Jul. 9, 2020
By Brian M. Hoffstadt

In all criminal cases, the accused is presumed innocent. This means that a jury must not presume that person accused of violat...


Health Care & Hospital Law, Government

Governor Newsom and other California officials have used the virus as an excuse to create a Sacramento-based medical welfare s...


U.S. Supreme Court, Intellectual Property

The U.S. Supreme Court recently denied petitions for certiorari from U.S. Court of Appeals for the Federal Circuit decisions a...


U.S. Supreme Court, Civil Litigation

The stakes in Henry Schein II are much larger than the narrow conflict among the circuits regarding delegation of “gateway” is...


U.S. Supreme Court, Intellectual Property

Booking.com and consistency in obtaining registrations at USPTO

Jul. 8, 2020
By Laura Chapman, Michelle Kahn

The U.S. Supreme Court’s recent opinion comes as no surprise to veteran trademark practitioners, not only for its holding, but...


State Bar & Bar Associations, Legal Education, California Supreme Court

During this pandemic, the class of 2020 law graduates moved to online instruction mid semester. Many did not have a chance to ...


As part of the Tax Cut and Jobs Act of 2017, Congress restricted Code Section 1031 Exchanges to only real property — a term th...


Military Law, Law Practice

Mentors in Veterans Treatment Courts

Jul. 8, 2020
By Eileen C. Moore

For nine years, I ran over to the local Veterans Treatment Court, VTC, on Tuesday afternoons to act as a mentor, primarily to ...


Labor/Employment

California cities have, in the past few months, accelerated a trend that has been developing for a few years: they are passing...


On June 22, the White House issued a new presidential proclamation to suspend the entry of new H-1B, L-1, certain J-1 and othe...


Appellate Practice

Normal is not

Jul. 7, 2020
By Benjamin G. Shatz

From its inception this column has drawn inspiration from the Oliver Wendell Holmes quote, “The young man knows the rules but ...


Immigration, Government, Constitutional Law

Cases will test who can enforce Congress’ appropriations powers

Jul. 7, 2020
By Douglas A. Winthrop, Irvin Nathan

More than a year and a half ago, President Donald Trump, unwilling to accept Congress' repeated explicit refusals to fund a wa...


Judges and Judiciary

Pandemic pandemonium, part I

Jul. 7, 2020
By Arthur Gilbert

It’s all different. More so than any of us can remember. Lesson we all know, but many have stored in the back of a mental clos...