Perspective
Transgender restroom case could affect agency deference
By Barbara S. VanLigten
The U.S. Supreme Court recently agreed to hear a case that considers whether Title IX requires schools to provide transgender ...
Corporate
Antitrust in 2016, and looking ahead to Trump
By Stuart Christopher Plunkett
With the new Republican administration, one might conclude a period of relaxed enforcement is on the way. But there are signs ...
A recent 9th Circuit opinion sparked concerns about a cascade of listings for species that are currently widespread. After all...
The initiative pledged to protect and enhance public safety through rehabilitation and a reduction in criminal recidivism. Tha...
Ethics/Professional Responsibility, Criminal
Can California lawyers ethically light up?
By Wendy L. Patrick
Election Day 2016 added yet another tourist attraction to the already overpopulated Golden State: marijuana. For California la...
The America Invents Act is primarily known for switching patent rights from a first-to-invent to a first-to-file system. But t...
Perspective
Recreational marijuana guidance for local governments
By Melissa Kuipers Blake
By some accounts, California's consumer market could be worth upwards of $6 billion by 2020. But all that revenue comes with a...
California's students won big on Nov. 8 when it passed Proposition 58, which allows English learners to learn English and acad...
Administrative/Regulatory
Drug price initiative was a surprise loss on election night
By Judith A. Waltz
California has come closer than any other state to implementing price controls on drug products, but voters nevertheless rejec...
The ballot measure, which voters passed Nov. 8 and which provides long-awaited relief for California's underfunded educational...
How far can a state pursue a proactive antiestablishment policy before it runs afoul of the free exercise clause of the First ...
Government, Criminal
Death penalty initiative will fail to deliver
By Jon B. Eisenberg
Proposition 66, which California voters passed Nov. 8, was billed as a way to "speed up" California's broken death penalty sys...
The Electoral College has again denied the presidency to the winner of the popular vote, and the nation is again debating whet...
Criminal, 9th U.S. Circuit Court of Appeals
Prop. 66 provides long necessary improvements in capital cases
By Lawrence Waddington
State and federal courts may clash over some of the legislation in Proposition 66, but locally its improvements expediting app...
Donald Trump's surprise victory may have rattled the markets and triggered some protests. It is even fueling a "Calexit" movem...
California needs to lead the way to ensure its, and the nation's, progressive environmental programs continue uninterrupted un...
The president-elect's list of potential Supreme Court nominees reflects an overall approach to judicial nominations. By Tony F...
San Diego County Judge Richard Whitney relishes his job but doesn't like surprises in court.
U.S. Supreme Court
Supreme Court nominee will have big impact on diversity
By Allison S. Elgart
If the post-Trump court revisits race-conscious admissions program rulings, the idea of racial diversity as a compelling gover...
One tropical appeal and a dubious marriage threatened to cause a storm in the Northern Mariana Island courts. By Anna-Rose Mat...
Imagine, if you can, the negotiation of a complicated transaction in which the lead negotiators have only half an hour to comm...
U.S. Supreme Court, Law Practice, Constitutional Law
The court that could have been
By Erwin Chemerinsky
Since 1960, 78 years old is the average age at which a Supreme Court justice has left the bench. Three of the current justices...
Law Practice
'Hear Ye, Hear Ye!' Asynchronously
Imagine, if you can, the negotiation of a complicated transaction in which the lead negotiators have only half an hour to comm...
Effective Jan. 1, 2017, Caltrans is making significant changes to the specifications for dispute resolution boards (DRB) and d...
Plan out negotiation scenarios before trial in order to make the best decision about settlement, as inter-trial settlement neg...
During a dissolution of marriage, tempered financial management is essential to protecting your client from court imposed sanc...
Starting next month, millions of additional American workers will be entitled to overtime pay. By David Harris and Yvette Davi...
It's not just people eager to light up who are celebrating — there are those who wish to cash in on this emerging industry. By...
Constitutional Law
Undercover videos serve a valuable public benefit
By Alexandra Snyder
Last year, David Daleiden released the first of a series of videos featuring conversations with Planned Parenthood directors a...
U.S. Supreme Court, 9th U.S. Circuit Court of Appeals
Cases portend another record-breaking year for 9th Circuit
By Lawrence Waddington
The U.S. Supreme Court opened its 2016-2017 term in October, but in August and September the 9th U.S. Circuit Court of Appeals...