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U.S. Supreme Court, Criminal, 9th U.S. Circuit Court of Appeals

Reining in 9th Circuit's habeas record

May 7, 2015
By Lawrence Waddington

A recent Supreme Court ruling has indirectly prevented the 9th Circuit from continuing to circumvent state courts in habeas co...


U.S. Supreme Court, Securities

Where class actions belong

May 7, 2015
By Stephen J. Newman

In accepting a recent case, it appears that the Supreme Court wishes to address where class actions fit within our legal syste...


U.S. Supreme Court, Constitutional Law

Surprising alliance on campaign speech

May 6, 2015
By Charles S. Doskow

In Williams-Yulee, Chief Justice John Roberts wrote for a majority that found him joining with the court's four liberal justic...


Will the justices weigh in on pot?

May 6, 2015
By John H. Minan

On Monday, the U.S. high court asked for the solicitor general's views in a case brought by Nebraska and Oklahoma against Colo...


Judges and Judiciary

The blunder that will not die

May 5, 2015
By Julie L. Kessler

Last May, I wrote about the Montana rape case that drew national attention, shock and ire. Due to the gravity of the crime, th...


Judges and Judiciary

Terrifying judges

May 5, 2015
By Arthur Gilbert

"No one has to read a word I write" In a column in the New York Times last month, novelist Robin Black suggests "emerging" wri...


Alternative Dispute Resolution

New norm for joint caucuses in mediation

May 2, 2015
By Michael D. Marcus

In the 1990s and early 2000s, the accepted practice was that a joint caucus should be held at the beginning of every mediation...


Intellectual Property, Entertainment & Sports

'60s on 6' may be in Sirius trouble

Apr. 30, 2015
By Richard E. Posell

Flo & Eddie's battle over the rights to pre-1972 recordings has reached the 9th Circuit - and the implications of the deci...


Constitutional Law

Downward facing dogma? Court disagrees

Apr. 30, 2015
By Harmeet K. Dhillon, John-Paul S. Deol

California public school children perfecting their "lotus position" - and their parents - need not worry about the future of y...


U.S. Supreme Court, Immigration, Constitutional Law, Administrative/Regulatory

The latest skirmish in the ongoing Immigration Wars is taking place in a Texas border town - and the ability of a state to hal...


Civil Litigation

LPS conservatorships: a safety net

MCLE
Apr. 27, 2015
By Maria E. Stratton

Learn about how LPS conservatorships provide a safety net for those individuals who cannot fend for themselves due to a mental...


Should law partners be subject to payroll taxes in the same way as employee wages? The question itself may sound like heresy -...


U.S. Supreme Court, Constitutional Law

Same-sex marriage returns to Supreme Court

Apr. 28, 2015
By Ilya Shapiro

In a case to be argued Tuesday, the justices can't avoid the main issue as they did in the challenge to California's Propositi...


Whenever you disagree with the IRS, procedure is important. ...


Insurance

Prevent D&O liability for data breaches

Apr. 24, 2015
By Peter B. Morrison

Directors and officers are increasingly facing new prospects for shareholder derivative lawsuits related to data breaches. By ...


Administrative/Regulatory

Rulings narrow video privacy actions

Apr. 24, 2015
By Mary Ellen Callahan, Julie Ann Shepard

The Video Privacy Protection Act was enacted when VCRs were still the rage. So courts are grappling with how to apply it in th...


Civil Litigation, Judges and Judiciary

The standards for setting aside a default judgment under state and federal laws are not the same, and a recent case shifts in ...


Civil Rights

Locked up for suffering a miscarriage

Apr. 23, 2015
By Julie L. Kessler

Some women who have suffered miscarriages or stillbirths are being sentenced to lengthy prison terms, and are being housed in ...


U.S. Supreme Court, Criminal, Constitutional Law, California Supreme Court

'It's alive!'... But what is it?

Apr. 22, 2015
By Brian M. Hoffstadt

The California courts and the voters have together given life to the California Constitution in a way that has spawned a few c...


Letters, Criminal, Constitutional Law

To those determined to disarm law abiding citizens

Apr. 21, 2015
By Larry D. Mikelson

I was again amazed at the lack of intellectual integrity demonstrated by those determined to disarm law abiding citizens. ...


U.S. Supreme Court, Intellectual Property

Patent damages adrift from law

Apr. 21, 2015
By Craig E. Countryman

Recent decisions revising the standard for obtaining attorney fees in patent cases have cast doubt on the Federal Circuit's st...


Civil Litigation

The perils of blogging

Apr. 18, 2015
By Marc D. Alexander

Professor Shaun Martin of the University of San Diego maintains a law blog, and a Court of Appeal recently cleared him of a de...


Entertainment & Sports, Administrative/Regulatory

Curtailing piracy of live sports broadcasts

Apr. 17, 2015
By Makan Delrahim

With the support of the Obama administration, legislative solutions that have been proposed would give additional tools to the...


Insurance

New source for policy interpretation

Apr. 17, 2015
By Rex Heeseman

State Courts of Appeal and even the state Supreme Court itself in various opinions are inconsistent in their approach to polic...


Government

What would Honest Abe do?

Apr. 16, 2015
By Michael L. Stern

One of the most significant turning points in American history occurred 150 years ago today on April 15, 1865: the assassinati...


Family, California Courts of Appeal

Must courts follow a child's wishes?

Apr. 15, 2015
By Claudia Ribet

A recent Court of Appeal decision provides guidance on what courts may consider in deciding custody cases. By Claudia Ribet ...


Intellectual Property

Years of relentless litigation by the copyright industry has created a number of cracks in the Digital Millennium Copyright Ac...


U.S. Supreme Court, Constitutional Law

Bearing arms in the 9th Circuit

Apr. 15, 2015
By Erwin Chemerinsky

Through several recent and pending cases, the 9th Circuit has the chance to play a key leadership role in the development of t...


Letters, Judges and Judiciary

Those who attacked judicial independence attacked the foundation of our freedoms. By the founding and current board of the Ora...


U.S. Supreme Court, Criminal

The U.S. Supreme Court's five-page opinion in a recent case may spawn further litigation that will command great public attent...