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Labor/Employment

Uber fallout may have several shapes and sizes

Jun. 23, 2015
By Robert W. Wood

If a ruling last week finding an Uber driver to be an employee rather than an independent contractor is a sign of things to co...


Congress, judges diverge on remand review

Jun. 23, 2015
By Peder K. Batalden, John F. Querio

Congress has barred review of remand orders, but many federal judges seem to feel differently.


Alternative Dispute Resolution

Don't forget critical eleventh-hour issues

Jun. 20, 2015
By Jan Frankel Schau

It happens frequently. It is late, and the clouds seem to part in a hotly contested employment mediation. Settlement appears l...


Corporate, Constitutional Law, Administrative/Regulatory

Fairness of SEC forum is dubious

Jun. 20, 2015
By Thomas A. Zaccaro, Nicolas Morgan

The SEC has increasingly filed actions before its own administrative law judges - where it has a Harlem Globetrotters-like win...


Environmental & Energy, Administrative/Regulatory

User's guide to California water rights

Jun. 19, 2015
By Kathryn L. Oehlschlager

Environmental lawyer Kathryn Oehlschlager provides a user's guide to California's priority system, curtailment, voluntary cutb...


Package delivery's 'seismic' situation

Jun. 19, 2015
By Robert W. Wood

In the wake of a 2014 9th Circuit decision, FedEx has reached a $228 million settlement with drivers who said they were miscla...


Entertainment & Sports, Administrative/Regulatory

St. Louis picked off trying to steal?

Jun. 19, 2015
By Mary Ellen Callahan, Emily Bruemmer

The St. Louis Cardinals may catch some chin music after reports that federal law enforcement is investigating whether Cardinal...


Constitutional Law

Why 'ultimate encryption' should be outlawed

Jun. 18, 2015
By Amitai Etzioni

Tech companies are increasingly adopting encryption schemes that allow only the sender and the receiver of the communication t...


Criminal, Constitutional Law, Civil Rights

The rights of transgender prisoners

Jun. 18, 2015
By Sanford Jay Rosen, Aaron J. Fischer

U.S. District Judge Jon Tigar got it right when he said California must provide sex-reassignment surgery to a prisoner.


U.S. Supreme Court, Constitutional Law

When is enough enough?

Jun. 18, 2015
By Brian M. Hoffstadt

It is important to know which considerations can prompt a judge to decide that a line of precedent should have an endpoint.


Government

Police need true partnerships with community

Jun. 17, 2015
By A. Marco Turk

What exactly does 'constitutional' policing mean, and will it work?


U.S. Supreme Court, Constitutional Law

Killing a check on the executive branch

Jun. 17, 2015
By Erwin Chemerinsky

For the first time in American distory, the U.S. Supreme Court recently declared unconstitutional a statute limiting president...


Civil Litigation

New state high court not looking good for employers

Jun. 16, 2015
By Timothy D. Reuben, Michael Hirota

The newly constituted state Supreme Court has given an unmistakable signal that it has moved to the legal left and is a pro-em...


Environmental & Energy

Little fracking risk, despite EPA disclaimers

Jun. 13, 2015
By Jeffrey Dintzer

A long-awaited study by the EPA found no evidence that hydraulic fracturing has had widespread, systemic impacts on drinking w...


Insurance

California courts have refused to find a duty to protect absent both a "special relationship" with the plaintiff and "actual k...


Environmental & Energy

New water rule isn't the end of the story

Jun. 10, 2015
By Joshua A. Bloom, J. Thomas Boer

The EPA recently announced its definition of "waters of the United States," and litigation seems likely to follow. By Joshua A...


U.S. Supreme Court, Labor/Employment, Constitutional Law, Civil Rights

Guarding the liberties of religious Americans

Jun. 9, 2015
By John-Paul S. Deol, Harmeet K. Dhillon

A half-century after the enactment of Title VII , the Supreme Court has finally provided a bright-line rule to assist in enfor...


Law Practice, Judges and Judiciary

Every lawyer's free (to wear sunscreen)

Jun. 6, 2015
By Richard Mosk

Richard Mosk gave the swearing in speech in Pasadena Thursday for the bar's newest members. Here's what the justice had to say...


Alternative Dispute Resolution

Advocate the Navajo way: with balance

Jun. 6, 2015
By Robert S. Mann

The idea of balance, harmony and a connection to nature is central to the Navajo belief system. Balance is also important in m...


Letters, Civil Rights

As an author of an amicus brief to be filed in the case, and a regular reader of the Daily Journal, I must respond to Mark Pul...


Government, Administrative/Regulatory

Help forestall rent control calamities

Jun. 5, 2015
By Robert Steven Harrison

Understanding more about how local rent control interact with state eviction laws may help attorneys, judges and lawmakers ste...


Labor/Employment

Can a headless class move forward?

Jun. 5, 2015
By Eric B. Kingsley

In yet another potentially pro-employer case, the high court is considering whether "cutting off the head" of a class - i.e., ...


Appellate Practice

Using precedent effectively in your briefs

Jun. 4, 2015
By Myron Moskovitz

Lawyers tend to load their briefs with lots of cases to look impressive. The result can be an unreadable mess.


U.S. Supreme Court, Criminal

Dueling canons

Jun. 3, 2015
By Michael J. Raphael

What if, in a single case, two canons of construction each require a different result? This question may underlie a criminal s...


Administrative/Regulatory

It is clear that California's Invasion of Privacy Act needs reform. Unfortunately for most businesses, AB 925 will not provide...


Can employees be on call on break?

Jun. 2, 2015
By Jessica M. Di Palma

A pending case will test the state Supreme Court's facility in addressing the effects of rapidly changing technology in the wo...


Law Practice

Earth is not flat

Jun. 2, 2015
By Arthur Gilbert

And direct appointments to the bench are fine.


Criminal

Here is a radical concept: We should go away from those criminal justice approaches that don't work, and implement the ones th...


Civil Litigation, Family

Actress Sofia Vergara and former fiancé Nick Loeb are in a custody over two frozen embryos created during the couple's now-def...


International Law

Humanitarian crises at sea

May 29, 2015
By Julie L. Kessler

The news of late has been replete with stories of death at sea as refugees make their way to Europe, but there is also a crisi...