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U.S. Supreme Court, Government

At its conference Friday, the justices will consider whether to hear a case challenging the ordinance, which requires builders...


Appellate Practice

Review influential appellate decisions from this year

Dec. 18, 2015
By Jessica M. Di Palma

The Supreme Court's 80 published decisions this year provide an initial indication of the impact the newest justices, Mariano-...


Environmental

Paris talks: don't break out the bubbly yet

Dec. 18, 2015
By Deepa Badrinarayana

The consensus at the recent climate meeting in Paris bodes well for addressing climate change, but is it adequate? By Deepa Ba...


Insurance, Ethics/Professional Responsibility

Don't become another legal malpractice statistic

Dec. 18, 2015
By J. Randolph Evans, Shari L. Klevens

Law practices hired by insurance companies to defend insured are no longer largely immune from malpractice claims, but panel c...


Bankruptcy

Major creditor holds out in Stockton bankruptcy case

Dec. 17, 2015
By David S. Kupetz, Asa Hami

In the Chapter 9 municipal bankruptcy case of the city of Stockton, Franklin Funds was the only major creditor group that did ...


Perspective

Employers should heed new wage theft law

Dec. 17, 2015
By Chris Micheli

SB 588, which takes effect next month, will provide the California labor commissioner with substantial new powers to combat wa...


Perspective

The Federal Rules of Civil Procedure were updated Dec. 1, modifying the standard for pleading direct patent infringement. Name...


Perspective

The real, human stories we hear from refugees families fleeing war and persecution have no connection to the fear-driven, anti...


Civil Litigation

The UCL, a staple of civil litigation in California, gives a plaintiff who has lost money or property as a result of a prohibi...


Criminal

Federal mens rea is a wanton mess

Dec. 17, 2015
By George B. Newhouse Jr.

Accordingly to one study, at least 78 different types of "intent" exist in the federal criminal code. They include "willfully,...


Judges and Judiciary

A conversation with a PNG Supreme Court justice

Dec. 16, 2015
By Julie L. Kessler

Last month, I found myself in Papau New Guinea's remote Hela province. Forty years after independence, PNG is still steeped in...


Last week, the California Supreme Court said an expert could not rely on hearsay reports to prove a defendant committed a comm...


U.S. Supreme Court

On Dec. 8, the U.S. Supreme Court decided the election law case, Shapiro v. McManus. Coming less than five weeks after ...


U.S. Supreme Court

Life or death for campus diversity? The U.S. Supreme Court is poised to decide whether strategies to ensure diversity on unive...


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

Surveillance of Muslim communities is already happening

Dec. 15, 2015
By Elizabeth M. Pipkin

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...