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Perspective

Shedding light on the nuances of immigration

Oct. 23, 2015
By Kevin R. Johnson

In eight tight chapters, John Tirman's "Dream Chasers: Immigration and the American Backlash" sparks a fresh look at an issue ...


Government

Torture rebuttal fails to convince

Oct. 23, 2015
By C. Dixon Osburn

On Sept. 9, a constellation of former senior CIA officials published the book "Rebuttal" in response to a Senate report critic...


Law Practice, Ethics/Professional Responsibility

Who owns unfinished business?

Oct. 23, 2015
By J. Randolph Evans, Shari L. Klevens

In mergers and firm dissolutions, who has rights to "unfinished business?"


That some of its member states have defaulted to xenophobic politics of the past — the very thing that the EU was created to p...


Military Law, Letters

As an Afghanistan and Iraq veteran, suggesting Sgt. Bowe Bergdahl has been punished enough already is premature. ["Bowe Bergda...


Criminal

Misplaced blame on Prop 47 creates risk

Oct. 22, 2015
By W. David Ball

Voters took a big step in reforming California's criminal justice system last November when they passed Proposition 47. But it...


Perspective

Data privacy ruling will warp investigations

Oct. 22, 2015
By Nathan J. Hochman

On Oct. 6, the European Court of Justice struck down an agreement that allowed companies to move personal electronic date betw...


Perspective

The courts should conclude that California can have a death penalty even with lengthening delays and the increased likelihood ...


Civil Rights

SeaSpine Holdings Corp., a spinal hardware technology company based in Vista, announced Tuesday Patrick L. Keran will fill the...


Administrative/Regulatory

What do bills mean for pot industry?

Oct. 21, 2015
By Aaron Lachant

On Oct. 9, Jerry Brown signed three bills collective known as the Medical Marijuana Regulation and Safety Act. By Aaron Lachan...


Civil Litigation

Legal malpractice should be subject to anti-SLAPP

Oct. 21, 2015
By Timothy D. Reuben

Putting aside arguments about the anti-SLAPP statute's flaws, it is simply true that by its terms, it should apply to a case a...


Perspective

Mass hysteria: a modern phenomenon, too

Oct. 20, 2015
By Barbara Kate Repa

A review of two recent books on mass hysteria in American history. By Barbara Kate Repa ...


Perspective

Can you prove your hourly rate to the court?

Oct. 20, 2015
By Gerald G. Knapton

What is a reasonable hourly rate for a lawyer's time? By Gerald G. Knapton ...


Military Law, Criminal

Bowe Bergdahl has been punished enough already

Oct. 20, 2015
By William W. Bruzzo

Last year's trade of Bergdahl for five Taliban detainees set off a firestrom.


Appellate Practice

Same basic facts, different conclusion

Oct. 20, 2015
By Brian M. Hoffstadt

Drawing different conclusions from the same basic facts is not good for the law.


Labor/Employment

Equal pay will benefit us all, so get on board

Oct. 19, 2015
By Arthur F. Silbergeld

The California Fair Pay Act becomes effective Jan. 1, 2016.


Perspective

Mediations need a plan of action

Oct. 17, 2015
By Shirish Gupta

Seven concrete ways to improve your performance at a mediation. By Shirish Gupta ...


Litigation

Be wary of expert disclosure deadlines

Oct. 17, 2015
By Dustin Bodaghi

It is often unclear whether a court will exclude a party's experts on timeliness grounds if the party makes a belated disclosu...


Books

First-hand account of the downfall of DOMA

Oct. 17, 2015
By Frederick Hertz

Attorney-mediator Frederick Hertz reviews "Then Comes Marriage: United States v. Windsor and the Defeat of DOMA." ...


Perspective

Timothy Sandefur of the Pacific Legal Foundation discusses Robert Scheer's "They Know Everything About You: How Data-Collectin...


Appellate Practice

Oral argument has lost its way

Oct. 17, 2015
By Barry M. Wolf

Oral argument was once unquestionably necessary because briefs were exactly what their name implies: "a short abstract of the ...


Law Practice

A battle to save privacy is underway in our hyper-commercialized world. By Rafael Chodos ...


Mergers & Acquisitions, Corporate

A discussion of the the Delaware Supreme Court's Corwin decision.


Law Practice, Law Office Management, Ethics/Professional Responsibility

Ethically navigate law firm downsizing

Oct. 16, 2015
By J. Randolph Evans, Shari L. Klevens

Every termination should be treated with the same level of formality to protect the law firm from any issues arising out of it...


Insurance

Insurers may want to think twice about delaying defense

Oct. 15, 2015
By Joan Marie M. Cotkin

Trial courts fortunately are starting to confirm that a delayed defense is a breach of the duty to defend, by which the insure...


Civil Litigation, Alternative Dispute Resolution

At their Oct. 8 meeting, the California Law Revision Commission again conducted a series of votes and arrived at a number of d...


Perspective

Who should be our moral compass now?

Oct. 15, 2015
By Rachel A. Van Cleave

The phrase "go set a watchman" is a directive to have someone serve as the moral compass for society. It is clear that Atticus...


Law Practice

Assembly Bill 555 creates new rules for expedited jury trials, while Senate Bill 383 creates a new meet-and-confer requirement...


Perspective

Equal pay law will only protect lawyer wages

Oct. 15, 2015
By Steve L. Hernández

California's Fair Pay Act is a windfall to lawyers more so than a landmark law for pay equity at this point. By Steve L. Herná...


Law Practice, Criminal

The legacy of the trial of OJ

Oct. 14, 2015
By Erwin Chemerinsky

Twenty years later, what did we learn? A few things.