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Perspective

Transgender restroom case could affect agency deference

Nov. 18, 2016
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

Nov. 18, 2016
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 ...


Environmental

Cascade of ESA listings unlikely, for now

Nov. 18, 2016
By James F. Rusk

A recent 9th Circuit opinion sparked concerns about a cascade of listings for species that are currently widespread. After all...


Government

Prop. 57 puts public safety at risk

Nov. 18, 2016
By Anne M. Schubert

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?

MCLE
Nov. 18, 2016
By Wendy L. Patrick

Election Day 2016 added yet another tourist attraction to the already overpopulated Golden State: marijuana. For California la...


Intellectual Property

Prior user rights defense seldom used

Nov. 17, 2016
By Amir A. Tabarrok

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

Nov. 17, 2016
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...


Education

K-12 students won big

Nov. 17, 2016
By John Affeldt

California's students won big on Nov. 8 when it passed Proposition 58, which allows English learners to learn English and acad...


Administrative/Regulatory

California has come closer than any other state to implementing price controls on drug products, but voters nevertheless rejec...


GC Email

The ballot measure, which voters passed Nov. 8 and which provides long-awaited relief for California's underfunded educational...


Perspective

Justice to test free exercise clause limits

Nov. 17, 2016
By Gunnar B. Gundersen IV

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

Nov. 17, 2016
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...


Constitutional Law

Electoral College has lost its way

Nov. 17, 2016
By Ron Steiner

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

State and federal courts may clash over some of the legislation in Proposition 66, but locally its improvements expediting app...


GC Email

Trump to the tax code: 'You're fired!'

Nov. 16, 2016
By Robert W. Wood

Donald Trump's surprise victory may have rattled the markets and triggered some protests. It is even fueling a "Calexit" movem...


Perspective

Climate change fight has new obstacle

Nov. 16, 2016
By Ethan N. Elkind

California needs to lead the way to ensure its, and the nation's, progressive environmental programs continue uninterrupted un...


U.S. Supreme Court

Trump court will prioritize individual liberty

Nov. 16, 2016
By Tony Francois

The president-elect's list of potential Supreme Court nominees reflects an overall approach to judicial nominations. By Tony F...


Judicial Profile

Richard S. Whitney

Nov. 16, 2016
By Arin Mikailian

San Diego County Judge Richard Whitney relishes his job but doesn't like surprises in court.


U.S. Supreme Court

If the post-Trump court revisits race-conscious admissions program rulings, the idea of racial diversity as a compelling gover...


Law Practice

Article IV court constitutionality put to test

Nov. 15, 2016
By Anna-Rose Mathieson

One tropical appeal and a dubious marriage threatened to cause a storm in the Northern Mariana Island courts. By Anna-Rose Mat...


Law Practice

'Hear Ye, Hear Ye!' Asynchronously

Nov. 15, 2016
By David M. Balabanian

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

Nov. 15, 2016
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

Imagine, if you can, the negotiation of a complicated transaction in which the lead negotiators have only half an hour to comm...


Construction

Flaws in Caltrans dispute resolution

Nov. 12, 2016
By Bernard S. Kamine

Effective Jan. 1, 2017, Caltrans is making significant changes to the specifications for dispute resolution boards (DRB) and d...


Perspective

Negotiating settlements when the clock is ticking

Nov. 12, 2016
By Douglas E. Noll

Plan out negotiation scenarios before trial in order to make the best decision about settlement, as inter-trial settlement neg...


Perspective

Navigating finances in a dissolution of marriage

Nov. 12, 2016
By James Giacchetti

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...


GC Email

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

Nov. 12, 2016
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

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...