This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

    Filter by date
     to 
    Search by Author
    Search by Category
    Search by Headline


Intellectual Property


Civil Litigation, Letters

Clarification on PG&E settlement story

Nov. 6, 2018
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...


Criminal

Safety in prisons is our civil obligation

Nov. 6, 2018
By James P. Gray

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

The court acted appropriately in abandoning the physical presence test. But the burden of collecting sales taxes in different ...


Civil Litigation, Law Practice

The Art of Litigation

Nov. 5, 2018
By Gary E. Gans

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

MCLE
Nov. 5, 2018
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...


Law Practice

Limitations of immortality

Nov. 5, 2018
By Arthur Gilbert

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

A case involving construction delay damages, insurance and the recovery of attorney fees, makes sausage making look easy.


Constitutional Law, Civil Rights

The U.S. government began regulating falconers and falconry practices in the 1970s. In 2008, the regulations were modified to ...


Tax

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...


Immigration, Government

Trump is not above the law

Nov. 2, 2018
By Kevin R. Johnson

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

Nov. 2, 2018
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

How the 1868 tribal treaty case Herrera v. Wyoming currently before the U.S. Supreme Court may preempt current-day state regul...


Law Practice, Criminal

A true dean of the California defense bar

Nov. 2, 2018
By James R. Rosen

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

MCLE
Nov. 2, 2018
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

President Donald Trump recently announced plans to eliminate citizenship by birth faces profound legal hurdles.


Civil Litigation, Intellectual Property, Entertainment & Sports

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

Nov. 1, 2018
By William Douglas Kari

Already the 9th Circuit’s illogical reasoning has resulted in mistrial of a case involving a defendant who allegedly molested ...


Real Estate/Development

No fundamental right to a view

Nov. 1, 2018
By Georgia Z. Schneider

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

Nov. 1, 2018
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

Oct. 31, 2018
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...


The 9th Circuit recently issued an opinion that gives clarity to public agencies which wish to enact regulations related to si...


Tax, Civil Litigation

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

MCLE
Oct. 30, 2018
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

Oct. 30, 2018
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

Oct. 30, 2018
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

Oct. 29, 2018
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...


Criminal

Impeachment of a witness with prior acts

MCLE
Oct. 29, 2018
By Gregory L. Prickett

The objective of this article and self-study test is to familiarize readers on impeachment of witnesses’ credibility with prio...


Civil Litigation, Law Practice

The Art of Litigation

Oct. 29, 2018
By Gary E. Gans

Part II: The Art of War


U.S. Supreme Court, Constitutional Law, Civil Rights, Books

The right to an education in America

Oct. 29, 2018
By Richard Wirick

Key Supreme Court decisions involving students’ constitutional rights are thoroughly but briskly covered in Justin Driver’s “T...