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U.S. Supreme Court

Scalia's comments were offensive and racist

Dec. 16, 2015
By Erwin Chemerinsky

Generalizing about an entire race and saying that it is less intellectually able is the essence of racism.


Transportation

Drone industry needs a clear flight plan

Dec. 15, 2015
By Matthew F. Miller

Drones, once thought of as warzone killing machines, are now the stuff of Christmas list, begging the question of what rules t...


Labor/Employment

PAGA reform provides appropriate balance

Dec. 15, 2015
By Chris Micheli

In October, Gov. Brown signed AB 1506 to help reduce questionable litigation under the Private Attorneys General Act for certa...


Perspective

When in doubt, turn over the evidence

Dec. 15, 2015
By Gerald F. Uelmen

At its Oct. 23 public hearing, a State Bar commission voted to recommend adoption of ABA Model Rule 3.8 which sets a standard ...


Civil Rights

Many political leaders have denounced Donald Trump's recent comments that the government should target American Muslims for su...


U.S. Supreme Court, Judges and Judiciary

Then again, maybe not

Dec. 15, 2015
By Brian M. Hoffstadt

Imagine this: The Supreme Court has granted review, and the legal community is excited that the court will resolve a important...


Healthcare/Hospital Law

When Gov. Jerry Brown signed the End of Life Option Act back in October, California became the largest state in the nation to ...


Alternative Dispute Resolution

Don't get carried away with demands

Dec. 12, 2015
By Steven G. Pearl

Human beings tend to rely too heavily on the first piece of information they receive when making decisions. By Steven G. Pearl...


Perspective

Caught in a joint-client situation?

Dec. 12, 2015
By Heather L. Rosing

Attorneys are often called upon to represent joint clients with common interests. Of course, joint representation is not witho...


Environmental & Energy, California Supreme Court

State high court decision may complicate CEQA process

Dec. 12, 2015
By David P. Waite, Linda Klein

The California Supreme Court's latest California Environmental Quality Act ushers in two critical rulings affecting land use a...


Constitutional Law

Will the court reaffirm Casey's analysis?

Dec. 11, 2015
By Leslie C. Griffin

Last month, the Supreme Court agreed to hear the first major abortion case since 2007. By Leslie C. Griffin ...


Perspective

On Dec. 1, amendments to the Federal Rules of Civil Procedure took effect that should increase cooperation between parties, ex...


Tax

IRS now has the power to revoke your passport

Dec. 10, 2015
By Robert W. Wood

The right to travel seems pretty fundamental. Even constitutional cases uphold it. And yet, it is also clear that this right c...


Administrative/Regulatory

Big deals increasingly mean big data

Dec. 10, 2015
By Mary Ellen Callahan, Nancy Libin

Companies on both sides of a transaction must understand what promises, legal limits and risks apply to the large data sets at...


Constitutional Law

Male-only draft registration is one of the last bastions of open sex discrimination in U.S. government policy, but two ongoing...


Last month, the Delaware high court affirmed that it is appropriate to determine at the pleading state whether a controlling s...


Law Practice, Bankruptcy, Administrative/Regulatory

It is time to reexamine student loan debt

Dec. 9, 2015
By Magdalena Reyes Bordeaux, Steven Frederick Werth

If the Supreme Court chooses to hear Tetzlaff, it will be the first time since 2010 that the court has addressed student loan ...


U.S. Supreme Court

What does 'one person, one-vote' really mean?

Dec. 9, 2015
By Douglas Keith

Fifty years later, the seemingly settle issue of state legislative apportionment is back before the high court in Evenwel v...


Law Practice

Countless films, novels and television dramas feature lawyers as lead characters, but few devote any time to depicting us doin...


In the last 20 years, DNA and video recordings have shed a revealing light on American criminal justice. By Heidi L. Rummel an...


Government

Cities around the world are grappling with mass attacks on their citizens,. In the past three weeks, Paris, Brussels, Colorado...


Judges and Judiciary

Who am I to judge?

Dec. 8, 2015
By Arthur Gilbert

Many years ago I was a superior court judge. I squint to look back to that distant time.


Securities

Since the Dodd-Frank Act permitted the SEC to bring virtually every securities case in front of its own ALJs, litigants have c...


Alternative Dispute Resolution

Move mountains in the workplace with mediation

Dec. 5, 2015
By Jan Frankel Schau

Thirty years ago, when a young female associate asked to work part-time for another few months after he maternity leave ended,...


Perspective

A recent California Court of Appeal decision confirms the limited scope of judicial review in binding arbitration cases. By Ga...


Civil Litigation, Law Practice

How should lawyers handle 'metadata'?

Dec. 5, 2015
By A. Marco Turk

While clients bear the ultimate responsibility for preservation and production of all relevant ESI, the lawyer nevertheless ha...


Perspective

Thirty-two states specifically protect religious freedom. Reasonable minds may differ on these laws, but opinions should rest ...


Perspective

Well I didn't expect that: the iPad Pro

Dec. 4, 2015
By Paul R. Kiesel

Here's something I never saw coming: I purchased an Apple product... and then I returned it. By Paul R. Kiesel ...


Judges and Judiciary

A few tips for California's new judges

Dec. 4, 2015
By James P. Gray

This fall, the California bench has filled several judgeships. Here's some advice for our newest judges. ...


California Supreme Court

The California Supreme Court will soon grapple with a putative class action involving the definition of "employer," and whethe...