Tax, Government
California’s 13.3 percent tax rate can encourage wanderlust
By Robert W. Wood
California’s Proposition 55 extended the “temporary” 13.3 percent tax rate. How temporary is it? Just until 2030.
Immigration, Government
End of DACA is an opportunity for real immigration reform
By Kevin R. Johnson
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
California’s bar pass score has a clear disparate impact
By Mitchel L. Winick
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
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
The kangaroo court martial of General William Hull
By James Attridge
On March 25, 1814, Hull became the only general in American history sentenced to death.
U.S. Supreme Court, Government, Constitutional Law
Pardon precedent: They cite it, but did they read it?
By Kris Whitten
The pardon of Joe Arpaio has caused the stir it was apparently intended to generate — and the Daily Journal recently published...
Transportation, Administrative/Regulatory
Solutions needed as self-driving cars speed towards the next level
By Jonathan A. Michaels
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
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
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
By Duffy Carolan
The UN high commissioner for human rights recently railed against President Trump for his attack on freedom of the press.
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
What ‘finders’ need to know about California corporate law
By Harrison D. Finch
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
By Clark Morrison
How California is filling the void in federal environmental regulation.
Judges and Judiciary, State Bar & Bar Associations
Judges need constructive feedback
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
NAFTA negotiations: Rebooting free trade in North America
By James M. Cooper
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
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
Saving fishers from California’s discrimination
By Greg Herbers
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
Strategic delay in compelling arbitration deemed waiver of right against class
By Sherry L. Swieca
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
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
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
Spokeo ruling is important for consumers, employees in California
By Lauren Willis
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
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
Presidential pardons and the separation of powers
By James Ware
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
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
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
The crusade to deport an Australian-born labor leader
By Susan E. Hill
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
Russian adoptions are problematic even without international tensions
By Maya Shulman
As with many political matters these days, it is unclear whether Trump and Putin will work out the adoption issue anytime soon...
Tax, Banking
IRS software trolls for bitcoin users, matches to taxes
By Robert W. Wood
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
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
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...