Intellectual Property
Balenciaga vs Little Trees: when anti-fashion leans toward anti-legal
By Olfa B'Chir
Civil Litigation, Letters
Clarification on PG&E settlement story
By Gerald B. Singleton
I write to clarify a single sentence in the article that appears to have been misunderstood by, or which has created confusion...
On Oct. 31 it was reported that mobster James “Whitey” Bulger was beaten to death just hours after he was transferred from a f...
U.S. Supreme Court, Tax
Justices brushed aside legitimate concerns in online sales tax case
By John H. Minan
The court acted appropriately in abandoning the physical presence test. But the burden of collecting sales taxes in different ...
Part III: Aristotle talks of the art of rhetoric; Sun Tzu talks of the art of war. Litigation is an adversarial exercise of rh...
Law Practice, Appellate Practice
Be careful what you wish for
By Christopher Cottle, Paul Katz
When appellate attorneys discuss case law, we often focus on an opinion’s reasoning. Judicial reasoning is the grist of our cr...
Over the years I have participated in so many panel discussions that I lost count. But the panel I was on last week made an im...
Construction, Civil Rights
Litigating construction cases can be like making sausages
By Garret D. Murai
A case involving construction delay damages, insurance and the recovery of attorney fees, makes sausage making look easy.
Constitutional Law, Civil Rights
Officials think 4th Amendment protections are for the birds
By TImothy R. Snowball
The U.S. government began regulating falconers and falconry practices in the 1970s. In 2008, the regulations were modified to ...
The actor has had a number of run-ins with the IRS over the years. His latest loss was part of his running feud over old IRS b...
Earlier this week President Donald Trump called to abolish birthright citizenship, which few reputable scholars believe would ...
Criminal, Civil Rights
The intersection of LGBTQ domestic violence and criminal defense
By Mieko Failey, Christopher Hawthorne
At first glance, criminal defense and survivor rights lawyering may seem at odds, but in reality many similarities exist betwe...
U.S. Supreme Court, Native Americans
Supreme Court to weigh a state’s stake in tribal hunting
By Tim Evans
How the 1868 tribal treaty case Herrera v. Wyoming currently before the U.S. Supreme Court may preempt current-day state regul...
My sit-down with “Gil” Jones began at 9:15 one recent morning at a corner table at the downtown Jonathan Club. It was already ...
Civil Litigation, Law Practice, Criminal
Instructing the jury on the use of common sense
By Steven S. Kimball
Jurors in California and across the nation are routinely called upon to exercise their common sense in deliberations.
Immigration, Government, Constitutional Law
Proposal to end birthright citizenship not likely to get far
By Gabriel J. Chin
President Donald Trump recently announced plans to eliminate citizenship by birth faces profound legal hurdles.
Civil Litigation, Intellectual Property, Entertainment & Sports
How will the Music Modernization Act affect music-related litigation?
By Rollin A. Ransom
Among other things, the MMA will affect music-related litigation, both directly and indirectly.
U.S. Supreme Court, Criminal, 9th U.S. Circuit Court of Appeals
High court should hear child rape case
By William Douglas Kari
Already the 9th Circuit’s illogical reasoning has resulted in mistrial of a case involving a defendant who allegedly molested ...
In most cases, a property owner’s view is not protected and, accordingly, buyers unwittingly pay a hefty surcharge for somethi...
Civil Litigation, Letters
Assertion that PG&E discussed $8B settlement is entirely false
By Michael A. Kelly, Frank M. Pitre, Bill Robins III
On Wednesday, the Daily Journal reported on a “split” among plaintiff lawyers over a “proposed PG&E fire settlement.”
Law Practice, Judges and Judiciary
Happy 60th birthday to Stanley Mosk Courthouse
By Michael L. Stern
When the doors of this fifth principal courthouse opened six decades ago, it was heralded as the "Dream Courthouse" and the "C...
Ruling displays struggle to find homelessness solutions
By Scott E. Huber
The 9th Circuit recently issued an opinion that gives clarity to public agencies which wish to enact regulations related to si...
Tax, Civil Litigation
Monsanto weed killer verdict highlights unfair tax rules, again
By Robert W. Wood
Up until the end of 2017, you could claim a tax deduction for your legal fees. In 2018 and thereafter, there is often no deduc...
Entertainment & Sports, Administrative/Regulatory
Sports Betting in a Post-PASPA World
By Tai Hsia, Jake Williams
The U.S. Supreme Court recently opened the door to legalized sports betting, but its future regulatory framework remains a wil...
Civil Litigation, Constitutional Law, California Courts of Appeal
Strange things are afoot in this takings decision
By Michael M. Berger
Why strange? First of all,the property owners won. In itself, that is noteworthy. The second strangeness is that, notwithstand...
Civil Litigation, Intellectual Property
The Law of Unintended Consequences at Federal Circuit
By Esha Bandyopadhyay
The unintended consequences of the law are familiar to learned attorneys. This is not the product of anyone’s fault, but an in...
U.S. Supreme Court, Government, Constitutional Law, Books
How voter suppression is destroying our democracy
By Marc D. Alexander
This is a puzzle addressed by Carol Anderson, in her new and hard-hitting book. Not surprisingly, much of the story of voter s...
The objective of this article and self-study test is to familiarize readers on impeachment of witnesses’ credibility with prio...
Part II: The Art of War
U.S. Supreme Court, Constitutional Law, Civil Rights, Books
The right to an education in America
By Richard Wirick
Key Supreme Court decisions involving students’ constitutional rights are thoroughly but briskly covered in Justin Driver’s “T...