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Law Practice, Alternative Dispute Resolution

Our cognitive bias prevents us from learning the lessons that experience can teach us -- this is the point: bias clouds our ab...


Civil Litigation, Entertainment & Sports, Constitutional Law

Will the high court hear de Havilland’s case?

Dec. 21, 2018
By Kevin L. Vick

Actress Olivia de Havilland has an enviable resume. Now 102 years old, de Havilland seeks to leave yet another mark on the ent...


U.S. Supreme Court, Civil Litigation, Labor/Employment

Dueling proposals signal 2019 will be the year of Dynamex

Dec. 20, 2018
By Benjamin M. Ebbink

It is clear that the dominant policy issue in California will focus on the ramifications of the California’s Supreme Court’s l...


Government, Criminal

Bill walks back tough-on-crime policies

Dec. 20, 2018
By Arash Hashemi

Employing an increasingly endangered species known as “bipartisan compromise,” the U.S. Senate this week passed legislation de...


In today’s interconnected, online world, public law libraries have evolved with the times. They are much more than that place ...


Government, Administrative/Regulatory

A new year means new avant garde and offbeat laws for California

Dec. 20, 2018
By Richard H. Lee, Glenn R. Coffman

While many new and important laws go into effect on Jan. 1, there are also those that showcase our quirky, trendsetting and di...


Government, Environmental & Energy, Administrative/Regulatory

Brown will leave office having set ambitious climate goals

Dec. 20, 2018
By Rosanna Carvacho, Teresa Cooke

Taken together, Senate Bill 100 and Executive Order B-55-18 to Achieve Carbon Neutrality set California — one of the world’s l...


Government, Corporate, Administrative/Regulatory

Marriott bought a hotel... and a massive data breach

Dec. 19, 2018
By Anita Taff-Rice

When Marriott International purchased Starwood in 2016, it became the world’s largest hotel chain. Unbeknownst to Marriott, it...


Law Practice, Ethics/Professional Responsibility

I recently defended a deposition for the first time in many years, having become a full-time neutral about 10 years ago. My ex...


Law Practice

The Judicial Council has just released for public comment a set of new educational requirements for court-appointed attorneys ...


Government, Constitutional Law

The power to pardon

Dec. 19, 2018
By John H. Minan

The Constitution states only two limits on the pardon power: It only applies to federal offenses, and that it cannot be used t...


Labor/Employment, Government

Public sector employers generally have the ability to interview their own employees in furtherance of conducting workplace inv...


Civil Litigation, Labor/Employment

An eligible employee may take an early pension without regard to disability. But early retirement often comes with a substanti...


Last week, U.S. District Judge Kimberly Mueller made a bold and much needed ruling.


Law Practice

Is the law logical?

Dec. 18, 2018
By Frank H. Wu

Oliver Wendell Holmes, Jr., famously declared that the life of law has not been logic but experience. Yet logic improves advoc...


Civil Litigation, Labor/Employment

Enterprising plaintiffs’ lawyers are increasingly trying to fill the gap by relying upon evidence of purported “implicit bias”...


Tax, Civil Litigation, Health Care & Hospital Law, Constitutional Law

ACA ruling won’t hold up

Dec. 18, 2018
By Erwin Chemerinsky


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

En banc 9th Circuit should reconsider FTC Act case

Dec. 17, 2018
By Blaine H. Evanson

9th Circuit Judges Diarmuid O'Scannlain and Carlos Bea have called on the en banc court to reconsider precedent approving of b...


Criminal, California Supreme Court, Appellate Practice

A rarity: Success on habeas

Dec. 17, 2018
By David Aram Kaiser

Last March, the California Supreme Court vacated the conviction and sentence of a death row inmate. This rarely happens.


Civil Litigation, Intellectual Property

A potential source of claims construction disharmony

Dec. 14, 2018
By Jim Glass, Samuel Jacobs

The PTO's recent rule change specifies that the Phillips standard will apply to both America Invents Act proceedings involving...


U.S. Supreme Court, Government, Constitutional Law

I've reviewed the DOJ's memo from 2000, titled "A Sitting President's Amenability to Indictment and Criminal Prosecution." It ...


Law Practice

Crafting a useful retainer letter

Dec. 14, 2018
By Frederick Hertz

You don’t need to include every little detail, but you want to be able to point to the basic provisions and show that indeed, ...


Law Practice, Books

Gandhi: lawyer, mahatma

Dec. 14, 2018
By Richard Wirick

Richard Wirick reviews Ramachandra Guna’s latest book, “Gandhi: The Years that Changed the World.”


Environmental & Energy, Administrative/Regulatory

Slaughter-free meat comes with regulatory challenges

Dec. 14, 2018
By Elizabeth Holtz

It is all but certain that the USDA and FDA will play a role in regulating various aspects of slaughter-free meat, but the det...


Law Practice

When it comes to the movement to reform abusive guardianship and conservatorship systems, there is an advocacy void when it co...


Internal Revenue Service Forms 1099 usually arrive in January, and serve to kick off the tax season. If you receive them, they...


Education Law, Civil Litigation, California Supreme Court, California Courts of Appeal

With its recent opinion, the Court of Appeal fully implemented the policy considerations behind the duty colleges and univers...


Labor/Employment

It’s time to rethink and redraft executive contracts. Management should not have to wait for a legal verdict in order to do th...


U.S. Supreme Court, Constitutional Law, Administrative/Regulatory

High court accepts Scalia’s invitation

Dec. 13, 2018
By John C. Eastman

If even Antonin Scalia was willing to abandon the so-called Auer v. Robbins doctrine, it must be on very thin ice indeed.


U.S. Supreme Court, Government, Constitutional Law

The scope of executive privilege

Dec. 12, 2018
By John H. Minan

Absent Supreme Court clarification, uncertainty exists on the proper scope of executive privilege in response to congressional...