U.S. Supreme Court, Constitutional Law, Civil Rights
What the court got wrong in Masterpiece Cakeshop
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
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
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
Assisted reproduction technologies: advances and complications
By Katie Burke
As the legal field tries to keep pace with medical advancements, complicated and interesting cases arise.
Tax, Real Estate/Development
New tax law created new real estate opportunities
By Phil Jelsma
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
VA hospitals and legal aid must team up to serve veterans
By Antoinette Balta
How the JD-MD duo is the modern day Batman and Robin.
State Bar & Bar Associations
Some unintended(?) consequences of California’s inflated cut score
By Mai Linh Spencer
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
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...
Law Practice
Learn the language of clients: How to engage junior law firm associates both early and often
By Kimberli A. Williams
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
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
By Kristine Meredith, Mike Danko
Aviation accidents spawn a defense to state law tort claims.
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
By Benjamin G. Shatz
Lawyers can’t cite unpublished appellate opinions, except...
U.S. Supreme Court, Criminal, Constitutional Law
Admission of guilt by counsel leads to new rule of constitutional law
By Charles S. Doskow
The recent case of McCoy v. Louisiana asked the Supreme Court whether an admission of guilt by counsel, made as for tactical r...
Criminal
Reevaluate the use of ‘package deal’ plea bargains in California
By George K. Rosenstock
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?
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
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
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
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
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
Why do some view kneeling at a football game as disrespectful?
By William W. Bruzzo
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
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
Ignoring compelling legislative history opens PAGA floodgates
By Laura Reathaford
Had the Court of Appeal considered all of the comments contained within the legislative history in full context, it should hav...
Criminal
Is it possible for the most hated man in America to get a fair trial?
By Lara Yeretsian
It remains to be seen whether a man like Harvey Weinstein can get a fair trial at all.
Criminal
Reason, not fervor, should rule the day on police use of force
By Eric Siddall
A proposed law to address police use of force would undermine both civil rights and public safety.
Good luck to the worthy judicial officers who deserve your vote tomorrow.
Labor/Employment
What happens when collective bargaining agreements expire?
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
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
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
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...
