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


Tax, Government

California’s Proposition 55 extended the “temporary” 13.3 percent tax rate. How temporary is it? Just until 2030.


Immigration, Government

By eliminating DACA Trump is giving Congress a historic opportunity for immigration reform. This is a chance for lawmakers to ...


Law Practice, Civil Rights, State Bar & Bar Associations

The disparate impact of the current minimum passing score is not being questioned. The State Bar’s own statistics appear clear...


Civil Litigation, California Supreme Court, California Courts of Appeal

Gravamen theory in anti-SLAPP

Sep. 6, 2017
By Thomas A. Delaney

Yet another conflict may be looming on the proper analysis of mixed causes of action in the context of the anti-SLAPP statute.


Military Law, Government, Criminal

On March 25, 1814, Hull became the only general in American history sentenced to death.


U.S. Supreme Court, Government, Constitutional Law

The pardon of Joe Arpaio has caused the stir it was apparently intended to generate — and the Daily Journal recently published...


Transportation, Administrative/Regulatory

While fully autonomous “level 5” vehicles are still some time out, scores of automakers are already introducing level 2 (parti...


Civil Litigation, California Supreme Court, Bankruptcy, 9th U.S. Circuit Court of Appeals

Spendthrift clauses get a new limitation

Sep. 5, 2017
By Megan Lisa Jones

Ambiguities in the California Probate Code led to disagreements among courts. Under the current ruling, a bankruptcy estate is...


Civil Litigation, Law Practice, Appellate Practice

Filing the Notice of Appeal

Sep. 5, 2017
By Myron Moskovitz

If you screw up this one, there is no appeal.


Government, Constitutional Law, Civil Rights

An assault on the freedom of the press

Sep. 5, 2017
By Duffy Carolan

The UN high commissioner for human rights recently railed against President Trump for his attack on freedom of the press.


Law Practice, Judges and Judiciary

Tyypos

Sep. 5, 2017
By Arthur Gilbert

Back in the old days when I practiced law, I stumbled through rounds of combat with the IBM Selectric. To place the boxing ana...


Securities, Corporate, Administrative/Regulatory

California now grants an exemption that allows individuals acting as “finders” to receive transaction-based compensation witho...


Government, Environmental & Energy, Administrative/Regulatory

Nature abhorrent vacuum

Sep. 1, 2017
By Clark Morrison

How California is filling the void in federal environmental regulation.


Judges and Judiciary, State Bar & Bar Associations

Judges need constructive feedback

Sep. 1, 2017
By James P. Gray

One thing that is lacking in our justice system is an institutional means to provide constructive feedback to our judicial off...


International Law, Government

The second round of renegotiation of NAFTA begins in Mexico City on Friday, only two weeks after the first round was concluded.


Civil Litigation, Alternative Dispute Resolution

Navigating Riverside’s complex departments

Sep. 1, 2017
By Stacy La Scala

For years, complex civil matters in Riverside County were somewhat randomly distributed to departments throughout the county.


U.S. Supreme Court, Constitutional Law, Administrative/Regulatory, 9th U.S. Circuit Court of Appeals

The U.S. Supreme Court has a chance to set things right by granting certiorari in a case involving California’s commercial fis...


Civil Litigation, Labor/Employment, California Courts of Appeal, Appellate Practice

By deciding not to compel arbitration against the named plaintiff, a defendant in a putative class action can waive its right ...


Government, Constitutional Law

The president’s pardon power: all over the map

Aug. 31, 2017
By James Attridge

President Donald Trump most certainly did not invent the dubious pardon.


Securities, Civil Litigation, Administrative/Regulatory

Life sciences companies under attack by plaintiffs' bar

Aug. 31, 2017
By Neal A. Potischman, Brian Weinstein

According to Cornerstone Research, at midyear the number of filings against pharmaceutical companies already had eclipsed the ...


U.S. Supreme Court, Civil Litigation, Corporate, 9th U.S. Circuit Court of Appeals

Today, whether you will be given a job interview or apartment, or how much you will pay for a loan or car insurance, often dep...


Civil Litigation, Intellectual Property

Trade dress lawsuits are in fashion these days

Aug. 31, 2017
By Victoria Burke

Two cosmetic companies have filed trademark infringement lawsuits in California district courts for the alleged duping of lips...


Letters, Government, Constitutional Law

Dean Erwin Chemerinsky asks, was President Donald J. Trump’s pardon of Joe Arpaio a violation of the separation of powers doct...


U.S. Supreme Court, Criminal, Constitutional Law

Presidential pardons and criminal contempt

Aug. 30, 2017
By Erwin Chemerinsky

When the president issues a pardon for criminal contempt of court, he is interfering with the ability of another branch of gov...


Constitutional Law, California Supreme Court, California Courts of Appeal

Takings occur administratively and legislatively

Aug. 30, 2017
By Michael M. Berger

It is a shame when courts have the opportunity to shed light on a confusing body of law and, instead, only add to the confusio...


U.S. Supreme Court, Labor/Employment, Immigration, Books

Peter Afrasiabi’s new book “Burning Bridges” is a refreshing dose of inspiration for attorneys and advocates who may feel wear...


International Law, Immigration, Government, Family

As with many political matters these days, it is unclear whether Trump and Putin will work out the adoption issue anytime soon...


Tax, Banking

Last year, the IRS started fighting to obtain vast amounts of data on bitcoin and other digital currency transactions.


Insurance, California Courts of Appeal

Stopping insurance cases in their tracks

Aug. 29, 2017
By Kirk A. Pasich

A Court of Appeal decision shows how an insurer may be “stuck” defending its insured through the conclusion of the underlying ...


Immigration, Family

Immigrant sponsors and spousal support obligations

Aug. 29, 2017
By Cara L. Boroda

Because it was a short-term marriage and the husband signed an affidavit supporting his wife's green card application, a court...