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Civil Litigation, California Supreme Court

By injecting tort principles into an inverse condemnation analysis, a recent California Supreme Court decision presents a subs...


Law Practice, Civil Litigation, Appellate Practice

Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato


Law Practice

How We Argue

Aug. 19, 2019
By Frank H. Wu

I am a teacher of argument and a student of history. As I contemplate the viciousness of contemporary rhetoric, I think back t...


Letters, Criminal

Someone is willing to commit a crime. They habor the intent to break the law. They are willing to breach our social contract f...


Criminal

Courts should uphold the new felony murder law

Aug. 16, 2019
By Kate Chatfield

For years, courts have criticized California’s felony murder rule; now that the Legislature has responded, with the attorney g...


Immigration

They call it ‘baby jail’

Aug. 16, 2019
By Divya Gupta

Reflections on my week as a volunteer attorney at the Dilley Immigration Detention Center


Civil Litigation, Law Practice

A recent appellate ruling is yet another stark reminder of the severe consequences when a settlement requiring payments over t...


Ethics/Professional Responsibility

After adopting a complete re-vamp of its Rules of Professional Conduct last year, a California State Bar Task Force has propos...


Letters, State Bar & Bar Associations

Here’s an irony of the California bar: Passing our nation’s most difficult bar exam provides the least valuable license to pra...


Criminal, Constitutional Law

‘ERPOs’ can help reduce gun violence

Aug. 15, 2019
By Kelly Sampson

States are increasingly recognizing that lives can be saved by Extreme Risk Protection laws, which enable people who exhibit ...


Legal Education, Law Practice

How California companies can make the most of their externs

Aug. 15, 2019
By Sande Buhai, Carolyn Young Larmore

Suggestions for enhancing an externship’s educational value to the student as well as maximizing the value of the student’s co...


Real Estate/Development, Government

Accessory dwelling units: Statewide affordable housing solution?

Aug. 15, 2019
By Jacob Madden, Elizabeth Martyn

Recent state legislation has reduced local control over ADUs in a variety of ways with more to come. State law now prohibits l...


When the rape and sexual misconduct trial of former NFL star Kellen Winslow Jr. ended on June 11 in San Diego, court observers...


Labor/Employment, California Supreme Court, 9th U.S. Circuit Court of Appeals

High court unlikely to stray far from Brinker

Aug. 14, 2019
By Gary M. McLaughlin, Jonathan P. Slowik

The 9th Circuit recently certified two questions regarding meal and rest breaks to the California Supreme Court that have perp...


Constitutional Law

In our country’s fraught search to do something to stop mass violence, and hold someone or something accountable for conduct t...


Entertainment & Sports

What happened to Woodstock 50?

Aug. 14, 2019
By Richard J. Idell

August 16, 2019, was to be the kick-off of a 3-day rock festival bearing the name: Woodstock 50. Would it have the same meanin...


Intellectual Property, Entertainment & Sports

Seeing a quick way to make a bunch of bucks, the paparazzi are suing celebrities to squeeze every penny out of these impromptu...


Judges and Judiciary, California Supreme Court, Appellate Practice

Chief Justice Tani G. Cantil-Sakauye by the numbers

Aug. 13, 2019
By Kirk C. Jenkins

Today, we’re continuing our series of data-driven profiles of the justices of the California Supreme Court. Our third subject,...


Constitutional Law

After the two most recent mass shootings in El Paso and Dayton, President Donald Trump suggested that he might support federal...


Government, Environmental & Energy

Then in 2018, the Trump administration froze the corporate average fuel economy standards, neither reducing neither fuel consu...


Labor/Employment

‘Minority Report,’ but for your performance review

Aug. 12, 2019
By J. Drei Munar, Katherine P. Sandberg

How artificial intelligence and deep learning will impact employment litigation


Law Practice, Education Law

Teaching the magic of law

Aug. 12, 2019
By Frank H. Wu

Law can appear like magic to those who are not lawyers, and no doubt there are those jokers who would liken the disciplines as...


Labor/Employment

An effective severance agreement can help you reduce legal risk. As with any type of employment agreement, the devil is often ...


Civil Litigation

Contrary to popular belief among lawyers, application of the litigation privilege is not limited to civil lawsuits.


Corporate

10 considerations for your social enterprise’s legal form

MCLE
Aug. 12, 2019
By Susan H. Mac Cormac, Jesse Finfrock

Instead of merely following the latest trend for choosing a legal form, founders should weigh the following considerations.


Law Practice, Ethics/Professional Responsibility

Pay attention to the rules when defending depositions

Aug. 9, 2019
By Shari L. Klevens, Alanna G. Clair

Even with knowledge of the rules, attorneys can sometimes let their emotions get the best of them in the heat of a deposition....


Civil Litigation, 9th U.S. Circuit Court of Appeals

On Thursday, the 9th Circuit affirmed the district court’s order certifying a class of Facebook users who allege that Facebook...


Real Estate/Development

Subrogation means the stepping of one person into the legal place of another. In a lease where there is a “waiver of subrogati...


There is a long list of publications that you actually can rely on, including the tax code and the regulations. There are many...


Government, Constitutional Law

When the governor not only executes the laws, but also orders the adoption of laws to overturn judicial decisions, the governo...