U.S. Supreme Court, Letters, Constitutional Law
Supreme Court improperly amended the Missouri Constitution
By Richard A. Nixon
On July 18, a column by Erwin Chemerinsky, “A troubling free exercise decision,” strongly disagreed with the decision by the U...
Government, Administrative/Regulatory
Questions remain about cap-and-trade implementation
By Thomas L. Sheehy, Jillian C. Kirn
Last week, the California Legislature approved a 10-year extension of California’s cap-and-trade program. When signed into law...
Government, Administrative/Regulatory
Trump’s NLRB will reverse union unit ruling
By Mark S. Ross
President Donald Trump's recent appointments of labor law traditionalists, Marvin E. Kaplan and William J. Emanuel, to the NLR...
U.S. Supreme Court, Letters, Constitutional Law
Chemerinsky on Trinity: 3rd time won’t be the charm
By Mitchell Keiter
In each of the past two weeks the Daily Journal has printed Dean Erwin Chemerinsky’s assertion that the U.S. Supreme Court hel...
U.S. Supreme Court, Letters, Constitutional Law
Supreme Court improperly amended the Missouri Constitution
By Richard A. Nixon
On July 18, a column by Erwin Chemerinsky, “A troubling free exercise decision,” strongly disagreed with the decision by the U...
Most real estate professionals are aware of the so-called “owner-builder” exemption to California’s contractors’ license laws....
Health Care & Hospital Law, Government, Administrative/Regulatory
An unhealthy congressional mess
By Craig B. Garner
To be sure, a congressional defunding of the ACA could be every bit as dangerous as a president with a smartphone. Outright el...
Health Care & Hospital Law, Government, Administrative/Regulatory
Senators duel over health care
By Michael C. Parme
While Senate Majority Leader Mitch McConnell indicated that the Senate would vote on health care legislation on Tuesday, it wa...
U.S. Supreme Court, Constitutional Law
Turning takings law into hash
By Michael M. Berger
Instead of clarity, at the end of its last term the Supreme Court gave us more vague issues that will engender years of litiga...
Government, Administrative/Regulatory
Don’t expect e-cigarette regulations anytime soon
By Gregory L. Bentley, Matthew Clark
How can such an industry exist without any regulatory control? Enter Big Tobacco.
Corporate, Alternative Dispute Resolution
Can ‘class arbitration’ even be legally mandated?
By Ronald W. Novotny, Shawn M. Ogle
The 2nd Circuit stated that the issue was whether the arbitrator had the authority to certify a class which included absent cl...
Labor/Employment, Corporate, California Supreme Court
High court PAGA ruling will be a boon for plaintiff-employees
By Adriana Cara
Employers in the position of having to defend against a PAGA claim will likely be compelled to produce state-wide employee con...
U.S. Supreme Court, Intellectual Property, Government
Patent system reform must be done with surgical strikes
By Paul R. Michel
The three branches need to improve the operation of the system with surgical strikes, best done by the courts for the most par...
Government, California Supreme Court
Leaner bar is good for attorneys and the public
By David A. Carrillo, Stephen M. Duvernay
Last week the Assembly and Senate judiciary committees approved amendments to a bill (Senate Bill 36, Jackson) that would make...
This dividing line may sound simple, and it can be. Yet there are many tax disputes over these kinds of issues. Then, when you...
Securities, Mergers & Acquisitions, Corporate
Private equity deal execution and operations strategy
By Sara L. Terheggen
Targets are increasingly questioning how quickly a deal can get done and what private equity sponsors can do in terms of opera...
Government, Criminal, Civil Rights
Sessions ends Holder’s civil forfeiture policy
By David B. Smith
The DOJ’s door is once again wide open to requests by state and local law enforcement to take over their smallish and often we...
The lines between work and home, and between business and personal, have become so blurred that we must to reevaluate a bright...
Judges and Judiciary, Government, Criminal, Civil Rights
It’s high time California reforms bail system
By Margaret Dooley-Sammuli
Money bail has created a two-tiered system of justice where someone’s release is determined largely by their ability to pay ba...
Politics will never exist without spin doctors. Yet, as cynical as our political system has become, recent ballot measures sol...
Banking, Appellate Practice, 9th U.S. Circuit Court of Appeals
Who is going to mind the banks now?
By Polly Estes
In the wake of the mortgage crisis, legislatures began enacting statutes to prevent it from happening again. There are now spe...
Government, Criminal, Constitutional Law, Civil Rights, 9th U.S. Circuit Court of Appeals
ADA accommodation for arrestees remains unclear
By Dennis M. Cota
Pending more instructive precedent, the issue of ADA accommodation for arrestees poses a challenging and as yet insufficiently...
Tax, Government, Administrative/Regulatory
Sekulow’s charitable ties and 1023-EZ regulations
By Erin Bradrick
Questions raised regarding the charitable activities of ardent Trump supporter and defender, Jay Sekulow. Also, new regulation...
Judges and Judiciary
Appointment of discovery referees
By Patricia M. Lucas, Gary Nadler
Learn about the source of a court’s authority to appoint a referee, the scope of referee appointment orders, and referees’ pow...
If someone forgives your debt so you do not have to pay back the lender, isn’t that always a good thing? Yes, but generally no...
Transportation, Judges and Judiciary, Administrative/Regulatory
Traffic offenses and common defenses
By Gus Gomez
Summer is here — though it’s almost gone again. This often means more drivers on the road taking advantage of the school break...
Law Practice, Ethics/Professional Responsibility, State Bar & Bar Associations
State Bar bill will benefit us all
By William N. Hebert
On July 17, the State Assembly Judiciary Committee unanimously voted in favor of Senate Bill 36, which changes the form and fu...
Law Practice, Law Office Management, Ethics/Professional Responsibility
Law firm cybersecurity: It’s a big deal
By J. Randolph Evans, Shari L. Klevens
All law firms should be acutely aware by now of the risks posed by hackers. There have been numerous highly publicized hacking...
Government, Criminal, Corporate, Books, Administrative/Regulatory
The Chickenshit Club
By Jesse Eisinger
In his new book “The Chickenshit Club” — an inside reference to prosecutors too scared of failure and too daunted by legal imp...
Criminal, Constitutional Law, California Supreme Court, State Bar & Bar Associations
Grading the revised special prosecutor rule
By Gary Schons
Last October, the State Bar of California sent to the California Supreme Court, on an expedited basis, Proposed Rule 5-110, mo...