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...
Back in the 1980s the California Supreme Court was depublishing a large number of Court of Appeal opinions. It prompted an art...
Civil Litigation, Law Practice, Appellate Practice
Appellate Adventures, Chapter Five: "Which Facts?"
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato
U.S. Supreme Court, Constitutional Law, Administrative/Regulatory
Debugging Chevron deference
By David DeGroot
In one of his final opinions before announcing his retirement, Justice Anthony Kennedy called on the U.S. Supreme Court to re...
Civil Litigation, Labor/Employment, California Supreme Court
Who’s an employee? The impact of Dynamex
By Dariush Adli
Earn MCLE credit reviewing the decision, as well as its potential impact on employees and employers, including the likely effe...
U.S. Supreme Court, Immigration
Ruling bolsters noncitizens’ ability to apply for cancellation of removal
By Giselle Sotelo, Carl Shusterman
A little known decision from the U.S. Supreme Court this month will have a very big impact on immigrants facing deportation.
Real Estate/Development, Immigration, Government
Law protects immigrants from unlawful landlord conduct
By Gary W. Rhoades
For several years, a Los Angeles landlord tried to force his tenant in a Boyle Heights rent-stabilized apartment to pay an ill...
U.S. Supreme Court, Judges and Judiciary, Constitutional Law
Kennedy: A most strident moderate
By Ashutosh Bhagwat
Whatever one may think of Justice Anthony Kennedy's jurisprudence as a whole, there is no doubt that he possessed extremely st...
Immigration, Government
Government mustn't forget about homeless Americans
By Gideon Kanner
A June 23 headline in the New York Times says it all: “Young Children Taken from Their Parents: It Doesn’t Just Happen to Immi...
Government, Environmental & Energy
California lawmakers consider grid reliability fixes
By Brian J. Nese, Sarah E. Kozal
This season the California Legislature is considering several bills that tackle issues related to increased variable energy re...
Civil Litigation, International Law, Corporate, California Courts of Appeal
Can a California court invalidate agreements on international service of process?
By Neil A.F. Popovic
A Court of Appeal held that parties may not contract around the formal service requirements of the Hague Service Convention.
U.S. Supreme Court, Constitutional Law, Civil Rights, 9th U.S. Circuit Court of Appeals
After NIFLA, we need a principle for disclosure laws
By Erwin Chemerinsky
The Supreme Court now will need to figure out a principle for which disclosure laws are unconstitutional compelled speech and ...
U.S. Supreme Court, Civil Litigation, Labor/Employment
Mindful of Janus, California has fought to protect public unions
By Arthur A. Hartinger
In an effort to mitigate against the financial impact of stopping mandatory service fees, labor has promoted, and the Califor...
U.S. Supreme Court, Civil Litigation
American Pipe ruling does not apply to successive class claims
By John P. Stigi III, John M. Landry
The Supreme Court’s decision in China Agritech offers key insights on the competition arising from multiple class-action filin...
How defense attorneys can combat the zero-tolerance policy
By David S. McLane
Attorney General Jeff Sessions directed “each United States Attorney’s office along the Southwest Border ... to adopt immediat...
Civil Litigation, Constitutional Law
Takings case is a carnival of constitutional errors
By Michael M. Berger
Now and then you come across a case where the underlying facts are so ludicrous you wonder what possessed the defendant to pre...