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

What the court got wrong in Masterpiece Cakeshop

Jun. 12, 2018
By Erwin Chemerinsky

The seemingly narrow ruling is going to make it easier to find that the government is impermissibly discriminating against rel...


Labor/Employment, Government, Civil Rights, Administrative/Regulatory

Bills address #MeToo concerns

Jun. 11, 2018
By Natalie B. Fujikawa, Benjamin M. Ebbink

Several bills wending their way through the California Legislature aim to ramp up sexual harassment training in California wor...


U.S. Supreme Court, Entertainment & Sports, Constitutional Law

Sports betting and the creation of the Constitution

Jun. 11, 2018
By Charles S. Doskow

To fully understand the ruling in Murphy v. NCAA, we must first go back to the Constitutional Convention of 1787.


Family

As the legal field tries to keep pace with medical advancements, complicated and interesting cases arise.


Tax, Real Estate/Development

Could a program included in President Donald Trump’s tax reform bill help fuel development in economically distressed areas of...


Law Practice, Health Care & Hospital Law, Government

How the JD-MD duo is the modern day Batman and Robin.


State Bar & Bar Associations

Like many, I found the 27.3 percent February 2018 bar pass rate distressing — particularly because some of the 2,644 unsuccess...


Law Practice, Ethics/Professional Responsibility

Respond the right way if faced with malpractice claims

Jun. 8, 2018
By Shari L. Klevens, Alanna G. Clair

For attorneys, being sued for legal malpractice can give rise to a host of emotions, ranging from embarrassment to guilt to an...


The inclusion of junior associates in these non-traditional assignments will allow them to acquire a holistic understanding of...


Labor/Employment, Alternative Dispute Resolution

The #MeToo movement and confidential settlements

Jun. 8, 2018
By Patricia K. Gillette

With the advent of the #MeToo movement, however, some people are questioning the ways in which these allegations are addressed.


Transportation, Administrative/Regulatory

Preemption takes off

Jun. 7, 2018
By Kristine Meredith, Mike Danko

Aviation accidents spawn a defense to state law tort claims.


Law Practice

I beg to differ

Jun. 6, 2018
By Frank H. Wu

Please, people, I beg you to stop saying "that begs the question," unless it actually does.


Judges and Judiciary, California Supreme Court, California Courts of Appeal, Appellate Practice

Citing the uncitable

MCLE
Jun. 6, 2018
By Benjamin G. Shatz

Lawyers can’t cite unpublished appellate opinions, except...


U.S. Supreme Court, Criminal, Constitutional Law

The recent case of McCoy v. Louisiana asked the Supreme Court whether an admission of guilt by counsel, made as for tactical r...


Criminal

In my experience, the use of “package deals” is the default position of most county district attorney’s offices in California ...


Native Americans, Administrative/Regulatory

Cannabis regulation and tribal sovereignty: Why not both in California?

Jun. 6, 2018
By Blaine I. Green, Kevin J. Ashe

California’s Bureau of Cannabis Control force upon tribes a Hobson’s choice: waive sovereignty in order to participate in the ...


Civil Litigation, Insurance, California Supreme Court

Broad high court ruling is a win for insureds

Jun. 5, 2018
By Kirk A. Pasich

The state high court issued a decision on Monday that examines what “occurrence” means in a commercial general liability policy.


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

Kennedy cuts a narrow slice of cake

Jun. 5, 2018
By Julie A. Werner-Simon

Just in time for June nuptials, the U.S. Supreme Court on Monday issued the long-awaited decision in Masterpiece Cakeshop.


Government, Constitutional Law

The president’s power to keep Congress at work

Jun. 5, 2018
By John C. Eastman

Nearly a year and a half in to his first term as president, the Senate still has not acted on more than 100 of Donald Trump’s ...


Administrative/Regulatory

California’s latest effort to accommodate marijuana at work

Jun. 5, 2018
By Jason A. Geller, Juan C. Araneda

Assembly Bill 2069 is the latest legislative effort to provide protections to employees who are medical marijuana cardholders.


Entertainment & Sports, Constitutional Law

These players were not raising a middle finger or burning the flag. Kneeling is something we do in Church. Yet, somehow, kneel...


A frivolous appeal

Jun. 4, 2018
By Myron Moskovitz, Christopher D. Hu

Occasionally — but rarely — an appeal is so weak that the appellate court that the court deems it “frivolous.” Even rarer is a...


Civil Litigation, Labor/Employment, California Courts of Appeal

Had the Court of Appeal considered all of the comments contained within the legislative history in full context, it should hav...


It remains to be seen whether a man like Harvey Weinstein can get a fair trial at all.


A proposed law to address police use of force would undermine both civil rights and public safety.


Judges and Judiciary

Emotion tempered by reason

Jun. 4, 2018
By Arthur Gilbert

Good luck to the worthy judicial officers who deserve your vote tomorrow.


Labor/Employment

What happens when collective bargaining agreements expire?

MCLE
Jun. 4, 2018
By Alan S. Levins, Luis Arias

Most business contracts end after the parties have performed their duties, or on the stated expiration date. Collective bargai...


Entertainment & Sports, Administrative/Regulatory

Why the repeal of net neutrality is a terrible idea

Jun. 1, 2018
By James E. McMillan

The recent decision of the FCC imperils much more than the music industry.


State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility

How suspension affects a lawyer’s career longevity

Jun. 1, 2018
By Kris Coombs, Hunter Holland

We set out to examine, among other things, if and how discipline affects attorney career longevity, if there are lasting effec...


Law Practice, Civil Rights, Administrative/Regulatory

Fake service animals hurt us all, and laws are trying to stop them

Jun. 1, 2018
By Kate Fitzpatrick, Bruce Wagman

These laws recognize the special value of companion animals, and the vital assistance they provide to the disabled, but will t...