U.S. Supreme Court, Criminal, 9th U.S. Circuit Court of Appeals
Reining in 9th Circuit's habeas record
By Lawrence Waddington
A recent Supreme Court ruling has indirectly prevented the 9th Circuit from continuing to circumvent state courts in habeas co...
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
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?
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...
Last May, I wrote about the Montana rape case that drew national attention, shock and ire. Due to the gravity of the crime, th...
"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
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
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
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
When a state stops a major federal initiative in its tracks
By Charles S. Doskow
The latest skirmish in the ongoing Immigration Wars is taking place in a Texas border town - and the ability of a state to hal...
Learn about how LPS conservatorships provide a safety net for those individuals who cannot fend for themselves due to a mental...
Sometimes, law partners are actually on the payroll
By Robert W. Wood
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
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...
What you should know about fighting a bill from the IRS
By Robert W. Wood
Whenever you disagree with the IRS, procedure is important. ...
Directors and officers are increasingly facing new prospects for shareholder derivative lawsuits related to data breaches. By ...
Administrative/Regulatory
Rulings narrow video privacy actions
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
Compare federal and state motions to set aside defaults
By Daniel Brenner
The standards for setting aside a default judgment under state and federal laws are not the same, and a recent case shifts in ...
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?
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
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
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...
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
By Makan Delrahim
With the support of the Obama administration, legislative solutions that have been proposed would give additional tools to the...
State Courts of Appeal and even the state Supreme Court itself in various opinions are inconsistent in their approach to polic...
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?
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
How the DMCA's online copyright safe harbor failed
By Eric Goldman
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
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
In defense of Judge Marc Kelly
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
A quietly significant decision on sex offender monitoring
By Michael J. Raphael
The U.S. Supreme Court's five-page opinion in a recent case may spawn further litigation that will command great public attent...