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.
U.S. Supreme Court
Kerry v. Din: Due process doesn't trump plenary power
By Michael Hethmon
Monday, the U.S. high court will hear arguments in Kerry v. Din. If the court expands due process to review of visa denials, b...
Ethics/Professional Responsibility
When a judge's past comes back to haunt
By Alison Buchanan, Crystal F. Riggins
When a deputy district attorney becomes a judge, should they be automatically disqualified from presiding over a case where th...
U.S. Supreme Court, Judges and Judiciary, Constitutional Law, California Supreme Court
A first bite at the apple
By Brian M. Hoffstadt
What is the job of the appellate courts - to get it right or to make sure the trial court didn't get it wrong?
"Fifty Shades of Grey"? In taxes, it's more like 1,000.
Policymakers and firms should establish a legal baseline of worker protections that rises as a worker approaches full-time eng...
A case before the 9th Circuit looks at whether the California Resale Royalty Act violates the dormant commerce clause. ...
California Courts of Appeal
Shift in jurisdiction analysis was overdue
By Bradley H. Ellis
For three decades, when addressing specific personal jurisdiction in California, courts have been shackled to the "effects" te...
A recent article - especially its headline ("Female attorneys strike out on their own," Feb. 12) - and women-only attorney gro...
While Congress drags its feet on marijuana policy, people are being prosecuted and put behind bars. The courts are taking notice.
A few weeks ago, I found myself on a sunny strawberry farm in Santa Maria in the seat of a John Deere tractor, inspecting the ...
Constitutional Law
Mixed causes of action get mixed anti-SLAPP results
By Stephen L. Raucher
The state Supreme Court should resolve the matter of to what actions the anti-SLAPP statute can be applied.
To focus on relatively minor fluctuations in recent years is to miss the forest for the trees. By David A. Lash, Scot Fishman ...
Lawyers who have tried virtual practice discuss how it worked out and the tech they used.
Law Practice, Government
Lawyer Lincoln's lesser-known lighter side
By Michael L. Stern
Today, the 206th anniversary of the birth of Abraham Lincoln on Feb. 12, 1809, is a good time to reflect on some of the humoro...
Courts wrangling with contours of 'social host' liability
By Brian S. Kabateck, Doug Rochen
Liability for selling, furnishing or causing to be sold alcohol to an "obviously intoxicated" minor is a strictly construed ex...
Appellate Practice
Legal system without appeals should raise eyebrows
By Thomas F. Coleman
Our legal system presupposes a considerable number of contested hearings and a fair number of appeals. Appellate courts play a...
Government, Administrative/Regulatory
Internet regulation: full steam ahead?
By Bennett L. Ross
Tom Wheeler is now poised to regulate the Internet under Title II of the Communications Act, which was enacted in 1934 but mod...
James P. Gray's story in a recent column reminded me of an anecdote attributed to the late Milton Friedman.
Two recent guest columns were kindred, if not twins in argument. Abstractions aside, each argued that the minimum wage distort...
Alternative Dispute Resolution
Protect investigation integrity in mediation
By Jan Frankel Schau
The tension between the confidentiality of workplace investigations and the litigation process they serve remains is a complic...
In the past few months, Chinese agencies have enacted several regulations that may impact U.S. corporations operating in China...
"Never underestimate the power of a woman." That is truer today than perhaps at any other time in modern history. And sadly, n...
Health Care & Hospital Law
Reform long overdue for conservatorship process
By Thomas F. Coleman
The conservatorship process for adults with developmental disabilities is broken. By Thomas F. Coleman ...
Government, Administrative/Regulatory
Looming FCC vote could shake up Internet regulation
By Ara R. Jabagchourian
On Wednesday, Tom Wheeler, chairman of the Federal Communications Commission, proposed regulating Internet service as a public...
Labor/Employment, Government
Minimum wages: you can't fake reality (forever)
By James P. Gray
Although government performs necessary services and provides an infrastructure that facilitates the production of wealth, it a...