Intellectual Property, Entertainment & Sports
Modernizing music licensing
By Jacqueline C. Charlesworth
The typical consumer likely can’t name a product for which the federal government sets the price — let alone under a regulator...
Environmental & Energy, Constitutional Law
Supreme Court Justice John Paul Stevens and climate change
By Daniel A. Farber
The Supreme Court justice, who passed away last week, was breaking new ground while staying true to legal principle
There may now be three justices open to moving away from substantive due process as the basis for incorporating the rights the...
Constitutional Law
Twitter, Trump's public park
By Edward C. Wilde, Michael S. Overing
Donald J. Trump, U.S. president and Twitter Superstar, may no longer block either critics or cranks from his Twitter feed. Rat...
Law Practice, Ethics/Professional Responsibility, State Bar & Bar Associations, Appellate Practice
California’s unique State Bar Court
By Jennifer Teaford
California is the only state with a court whose judges are dedicated solely to considering attorney admission and discipline m...
Judges and Judiciary, Criminal
The power of collaborative courts
By Michael K. Wendler
As a prosecutor in San Mateo County, I am proud of the county’s efforts in establishing successful collaborative courts. These...
State Bar & Bar Associations
The hidden cost of California’s bar exam passing score
By Jackie Gardina
Next week thousands of aspiring lawyers will sit for the California bar exam and, if the last few years are any indication, mo...
Civil Litigation, Criminal, Corporate
Taking the Fifth and parallel criminal and civil proceedings
By Joshua M. Robbins
Given the impact that “taking Five” can have in parallel civil and criminal proceedings, a working knowledge of its applicatio...
Choosing a leader is about choosing what type of follower you wish to be.
Construction, Alternative Dispute Resolution
Your position is interesting
By Robert S. Mann
“Mediation 101” teaches the importance of distinguishing between “interests” and “positions.” Trying to reconcile positions in...
Ethics/Professional Responsibility, State Bar & Bar Associations
What to do when you hear from the State Bar
By Murray Greenberg
Previous articles in this series about handling State Bar complaints have brought us to the point where the disciplinary compl...
Civil Rights, California Supreme Court, Alternative Dispute Resolution
Say it like you mean it
By Jan Frankel Schau
If a settling defendant wants to ensure confidentiality, the terms of that confidentiality should be explicitly spelled out, t...
U.S. Supreme Court, Civil Litigation, California Supreme Court, 9th U.S. Circuit Court of Appeals
Public injunctions remain alive and well
By Ryan Wu
“There they go again,” moaned a number of Supreme Court watchers and appellate lawyers, as news came down of another apparent ...
Law Practice, Government, Appellate Practice
Increased access to justice at the trial level should be matched at the appellate level
By Eric Wolff
With its newly-passed budget, California is taking steps to give low income residents greater access to the trial courts. But ...
Real Estate/Development, Government
The aftermath of California’s SB 50: meeting the challenges of affordable housing
By Cary Jones, Jenna Le
Senate Bill 50, introduced late last year by Senator Scott Wiener, proposed significant changes to California’s zoning laws wi...
Letters, Judges and Judiciary
Judge Real’s life lessons for young lawyers
By Kris Whitten
Having read in the Daily Journal the recollections of practice before the recently deceased U.S. District Judge Manuel Real, i...
Letters, Criminal, Corporate, Constitutional Law
How to hold corporate scofflaws accountable
By Gary Schons
There is a another remedy often employed in civil/quasi-criminal settlements between the government and corporate defendants.
Government
Preservation: The next frontier of affordable housing
By James L. Hanger III
The current administration’s proposed federal budget threatens to eliminate or reduce several funding programs upon which many...
Legal Education, Law Practice
Externships: How to set up and host law student externs
By Lisa Mead, Sue Schechter
Some advice for companies that are considering whether to take on a law student for an academic-credit learning experience.
Tax
Victims of California wildfires have complex tax issues to consider
By Robert W. Wood
Are they repairing or rebuilding their property, or selling and moving away, and what does their insurance cover? Another big ...
U.S. Supreme Court, Intellectual Property
When can profits be recovered in trademark infringement cases?
By Sarah S. Brooks, Namita S. Dhawan
On June 27, the U.S. Supreme Court agreed to hear a case that may have profound and far-reaching implications for trademark law.
Civil Litigation, Law Practice
‘Approved as to form and content’ may bind counsel
By Steven H. Kruis
An attorney who signs a settlement agreement approving it as to form and content may be liable for breaching the agreement’s c...
In May 2015, The Los Angeles Times Editorial Board asked readers, “Could you live in L.A. on $221 a month?” The answer then, a...
U.S. Supreme Court, Constitutional Law
Clarence Thomas wants to overrule huge bodies of law
By Erwin Chemerinsky
One of the more notable themes of the U.S. Supreme Court's October 2018 term was how often Justice Clarence Thomas urged the o...
Accidental franchises: What you don't know can hurt your client
By Barry Kurtz, Katherine L. Wallman
Why should all business attorneys be concerned about franchise laws? Businesspeople and attorneys often are unaware that franc...
Law Practice, Civil Litigation, Appellate Practice
Appellate Adventures, Chapter 11: “Any More Tips on Drafting a Statement of Facts?”
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato
Criminal, Corporate, Constitutional Law
Corporate probation resulting from a criminal conviction: an enigma
By George B. Newhouse Jr.
Mitt Romney once remarked that “corporations are people, my friend.” He was partly right. Corporations are like people, only d...
Judge Manuel Real was among the last of a vanishing breed of larger-than-life federal judges who run their courts in their own...
Singapore Mediation Convention signing in August
By Thomas Klitgaard
On June 26, the United Nations Commission on International Trade Law approved the final draft of the Singapore Mediation Conve...
Government, Entertainment & Sports
Fair Pay to Play Act gains momentum
By Aaron B. Swerdlow
While the debate over compensation for college athletes is nothing new, two senators from California have championed a bill th...