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


Judges and Judiciary, Criminal, Constitutional Law

Pro per defendants' requests in criminal cases

MCLE
Nov. 21, 2016
By Jacqueline A. Connor

Learn about pro per defendants' requests for ancillary services.


Judicial Profile

Steven Shayer

Nov. 20, 2016
By Arin Mikailian

Superior Court Commissioner Kern County (Bakersfield) ...


Law Practice, Law Office Management

Partner departures: starting questions for departure planning

Nov. 19, 2016
By Daniel O'Rielly, Dena Roche

If you are a law firm partner who has started to think that your future may be brighter at a different firm, you have some ser...


Law Practice

In at least 20 states, it is not mandatory for the court to give these adults a lawyer. By Thomas F. Coleman ...


In this month's column, I'll list what I see as the major advantages and disadvantages for law firms of requiring employees to...


Constitutional Law

Presidential pardons and the Clinton chronicles

Nov. 19, 2016
By Ira L. Shafiroff

As President Barack Obama prepares for the orderly transfer of power to President-elect Donald Trump, many wonder whether eith...


Government

Trump won't be the first litigious president

Nov. 19, 2016
By James Attridge

Press accounts indicate that Trump's affinity for the courtroom is unique and unprecedented. But that's just not true.


Perspective

Repealing Obamacare: more tricky than Trump thinks

Nov. 19, 2016
By Kenneth B. Schnoll

According to President-elect Donald J. Trump's campaign website, "on day one of the Trump Administration, we will ask Congress...


Government

Go high, Clinton supporters

Nov. 18, 2016
By Henry S. Noyes

What is the appropriate response from a Clinton voter? Reject Trump, delegitimize him and engage in revolution? No. When they ...


Law Practice

Establishing diminished capacity to enter into a binding contract should be based on a sound conceptual foundation and consist...


Administrative/Regulatory

Pop goes the regulation

Nov. 18, 2016
By Daniel J. Herling

What does a seemingly arcane regulation by NIOSH mean as it relates to tort litigation? Well, 12 years ago a jury in Missouri ...


Perspective

Many issues can be avoided by keeping in mind certain principles when negotiating IP-related contracts — even by a young techn...


Administrative/Regulatory

Bilingual education will come with a high price

Nov. 18, 2016
By Johanna J. Haver

Like many former teachers of English learners, I remember the failure of bilingual programs, as they existed in California unt...


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...