Letters, Judges and Judiciary, 9th U.S. Circuit Court of Appeals
Kozinski column should have noted allegations
By Heidi S. Bond, Alexandra Z. Brodsky, Charlotte Garden, Joanna L. Grossman, Katherine H. Ku, Nancy Leong, Leah M. Litman, Claire Victoria Madill, Sara A. McDermott, Emily R.D. Murphy, Dara E. Purvis, Nancy B. Rapoport, Beth H. Wilensky
The one-sentence biography accompanying the piece states that Kozinski “retired” from the U.S. Court of Appeals for the Ninth ...
Civil Rights, California Supreme Court
Nonparty injunction ruling in online review case is a first
By Brian M. Willen
The California Supreme Court issued a landmark ruling squarely addressing whether a nonparty online service provider could be ...
U.S. Supreme Court, Labor/Employment
Janus was about state power, not unions
By Deborah J. La Fetra
Much of the commentary ignores the fact that the unions had no power to take workers’ wages without state statutes authorizing...
U.S. Supreme Court, International Law
American courts owe respect to foreign court interpretations, but need not defer
By Christopher A. Whytock
In its October 2017 term, the U.S. Supreme Court considered the amount of deference U.S. courts should give to foreign governm...
Health Care & Hospital Law, Administrative/Regulatory
Federal government’s annual health care fraud takedown
By Nina Marino, Jennifer Lieser
Under the leadership of Attorney General Jeff Sessions, this years takedown focused on medical professionals seen as having co...
Securities, Corporate
New lessons about data breaches and insider trading
By Joshua M. Robbins, Adam M. Sechooler
The massive Equifax data breach has brought new attention to the challenges companies face in securing consumers’ personal inf...
Book review: Carlo Rovell's "The Order of Time"
Civil Litigation, Intellectual Property, Entertainment & Sports
What’s the deal with this suit against Jerry Seinfeld?
By Delia Ramirez
Almost six years following the release of the series “Comedians in Cars Getting Coffee,” Jerry Seinfeld is facing a lawsuit fi...
Civil Litigation, Insurance, Construction, California Courts of Appeal
Insuring ongoing operations
By Garret D. Murai
An appellate decision makes it clear that insurers intending to limit coverage to ongoing operations must use clear and unambi...
In his new book “Varina,” Charles Frazier continues to be one of the great poetic chroniclers of the Upper South.
U.S. Supreme Court, Judges and Judiciary, 9th U.S. Circuit Court of Appeals
Kennedy and I
By Alex Kozinski
Above all, Justice Kennedy’s decency and wisdom will perpetuate so long as the United States continues to be decent and wise.
Tips for effective writing and strong oral advocacy
Civil Litigation, Alternative Dispute Resolution
Discovery in arbitration
By Charles H. Dick Jr.
Just because discovery tools exist does not mean they must be used, and they are not a muscle-flexing exercise. When discovery...
Law Practice, Law Office Management
Who didn’t pay their bill, and why?
By Frederick Hertz
Trying to figure out why certain of your clients didn’t pay their bills in full is a truly worthwhile exercise.
Law Practice, Law Office Management
Don’t wait to the end of the year to address billing issues
By Shari L. Klevens, Alanna G. Clair
Addressing billing and collections issues throughout the year can both save money and can limit the headaches associated with ...
U.S. Supreme Court, Constitutional Law
What the high court said in OT ’17
By James Azadian, David Boyadzhyan
As was correctly observed at the beginning of this term by Justice Ruth Bader Ginsburg, “there’s only one prediction that’s en...
U.S. Supreme Court, Constitutional Law
Kennedy's parting can(n)on of ferociously unregulated speech for pro-life pregnancy clinics
By David Boyle
With his concurring opinion in NIFLA v. Becerra, the high court's swing voter is leaving with roar, not a whimper.
Civil Litigation, Intellectual Property
Resolving the patent eligibility question
By Emily Bullis
As James Madison once said, “It will be of little avail to the people if the laws are so incoherent that they cannot be unders...
Bankruptcy, 9th U.S. Circuit Court of Appeals
Critical vendors can be key to Chapter 11 reorganization
By David S. Kupetz, Asa Hami
A recent ruling shows that “critical” vendors can be key to a Chapter 11 reorganization.
Labor/Employment
Unique challenges facing small employers in the #MeToo era
By Judith Droz Keyes
California law requires companies having five or more employees to take “all reasonable steps necessary” to prevent harassment...
Immigration, Criminal, Constitutional Law
U Visa application status and compliance with Brady
By George K. Rosenstock
The issue arises as to whether a victim’s U Visa application and/or status is subject to mandatory disclosure by a prosecutor ...
What has always been a constant for me is a principle on which I was raised: always act with integrity.
Civil Litigation, Law Practice, Judges and Judiciary, Appellate Practice
Riding the waive
By Benjamin G. Shatz
Do you, Exceptional Lawyer, have the confidence to know when to waive oral argument?
Law Practice, International Law, Education Law
Understanding the Chinese as they understand Americans
By Frank H. Wu
We encourage if not demand the Chinese to study American law and policy, which in the beginning and at the end are integral to...
Health Care & Hospital Law, Education Law, California Courts of Appeal, Administrative/Regulatory
Court of Appeal throws out challenge to state vaccination law
By Dorit Reiss
On Monday, an appellate court threw out a challenge to the state’s mandatory immunization requirements for school children.
U.S. Supreme Court, Health Care & Hospital Law, Constitutional Law, Civil Rights
NIFLA v Becerra: folly, fallout and follow-up
By Sanford Jay Rosen, Devin W. Mauney
The Supreme Court's decision in the case was bad for women's right to choose, but Justice Kennedy's retirement may be worse.
U.S. Supreme Court, Constitutional Law
Religious rulings under the new Gorsuch-Roberts court
By Thomas M. Hall
I could not help thinking of Thomas Cromwell as I read the religion cases that have marked the Roberts Supreme Court.
Transportation, Administrative/Regulatory
How to handle FAA enforcement matters, part 2
By John T. Van Geffen
So there has been a mishap, now what?
This column marks the 30th anniversary I have been grinding out, I mean writing, columns for the Daily Journal.
U.S. Supreme Court, Government, Constitutional Law
Gerrymandering, the high court and the way(s) forward
By Justin Levitt
With the coming national holiday of self-determination, and national elections beyond, it is a welcome moment to consider demo...