Chief Justice Earl Warren once told me that in reading the newspaper, he always read the sports page first to read about mans'...
U.S. Supreme Court, State Bar & Bar Associations
A ruling worth the State Bar's attention
By Robert C. Fellmeth
We can predict that the bar will view a recent high court ruling as an ephemeral nightmare or falsely rationalize that it does...
U.S. Supreme Court, Constitutional Law
Creeping libertarian constitutionalism at US high court
By Ilya Somin
Until recently, few legal commentators paid much attention to libertarian thought on constitutional issues.
Labor/Employment
ERISA ruling is bad news for plaintiffs, could create split
By Michelle L. Roberts
The majority held that ERISA bars tandem claims for benefits and breach of fiduciary duty claims brought, where the latter is ...
Over five years after the filing of an action challenging California's Unsafe Handgun Act, last week a federal district court ...
Mergers & Acquisitions, Law Practice, Law Office Management
Diligence curbs conflict in law firm mergers
By Randall A. Miller, Shawn Shaffie
Among the many risks inherent in law firm combinations is ensuring the amalgam does not run afoul of ethical rules prohibiting...
Government, Environmental & Energy, Administrative/Regulatory
Another front in war on fracking
By Michael N. Mills, Shannon L. Morrissey
The Center for Biological Diversity recently sued several federal agencies for issuing permits to drill of the coast of Califo...
Is the president personally responsible for all of the crazy tax proposals in his budget? Maybe not, but there's a lot of back...
U.S. Supreme Court
States must reassess regulatory boards
By Daniel G. Swanson, Blaine H. Evanson
Last week, the U.S. high court ruled that state boards helmed by active market participants must be actively supervised to inv...
Letters, Government, Criminal
'Epidemic' in need of an intervention
By Jeffrey A. Aaron
The truth is not that it's good there's so little prosecutorial misconduct; the truth is that it's bad there's any. ...
Criminal, Constitutional Law, California Supreme Court, California Courts of Appeal
Your genetic privacy at stake
By Elizabeth G. Joh
Should the police be able to collect evidence against you without a legally required reason or a warrant, but just because you...
The Los Angeles city attorney recently announced that his office was stepping up their enforcement of those who violate the Kr...
Intellectual Property
Power play between Congress and courts over patents
By Stuart Meyer
For several years now, Congress has been promising to address patent litigation abuse, but judges have expressed concern that ...
Government, Criminal
Prosecutorial misconduct is sad, but not an epidemic
By Gregory D. Totten
Those rare instances in which prosecutors lie or cheat are painful. But I am also offended when people describe these aberrati...
Please enjoy your stay in the Justice Arthur Gilbert Loading Zone.
California Lawyer - Legally Speaking: Eva Paterson
An interview with the president and co-founder of the Equal Justice Society.
Five lawyers discuss their stress-relievers.
As the FDA drafts federal e-cigarette rules, it faces a key question: Can vaping reduce nicotine dependence, or is it a gatewa...
Environmental & Energy, California Supreme Court
Environment on the justices' minds
By Richard M. Frank
The California Supreme Court's recent focus on environmental cases is unprecedented in the court's history.
Alternative Dispute Resolution
Seemingly trivial matters can derail talks
By Robert S. Mann
It is surprisingly often the case that a seemingly trivial matter can derail mediation at the 11th hour. ...
Do NFL franchises truly possess the right to abandon their cities? Stated differently, might cities possess and be well counse...
Rodman's groin shot echoes through tax law
By Robert W. Wood
Until Dennis Rodman came on the scene, there was no controversy about the tax treatment of confidentiality provisions. ...
While the "new" state Supreme Court adjusts, it appears the arena of punitive damages, like many others, will have to wait to ...
Labor/Employment
Chipping away at employer flexibility, one ride at a time
By Christopher J. Boman
Recently, the implications of Uber's business model were thrust into the spotlight when a handful of Uber drivers sued the com...
U.S. Supreme Court, Labor/Employment, Civil Rights
EEOC v. Abercrombie: A&F's arguments don't pass muster
By Kathryn Burkett Dickson
In a case to be argued Wednesday, Abercrombie says only actual knowledge of a religious conflict can support a failure-to-acco...
U.S. Supreme Court, Labor/Employment
EEOC v. Abercrombie: Mere suspiscion insufficient to give rise to claim
By Erin M. Connell
When Samantha Elauf, a Muslim, interviewed for a sales position at an Abercrombie & Fitch retail store, she wore a black h...
Should a felon, once convicted, be able to determine who gets his or her guns? We know that as a matter of public safety the a...
What are attorneys to do if they wish to compromise a case with an incentive to encourage payment on schedule? For starters, t...
Civil Litigation, Law Practice, Judges and Judiciary
Distinguishing judgments and orders
By Luis A. Lavin
The objective of this article and accompanying self-study test is to educate the bench and bar about judgments and orders in c...
Administrative/Regulatory
Better privacy through identity management
By Mary Ellen Callahan, Heidi L. Wachs
The time has come for lawyers to get serious about understanding privacy and security.