This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

    Filter by date
     to 
    Search by Author
    Search by Category
    Search by Headline


U.S. Supreme Court, Labor/Employment

When Samantha Elauf, a Muslim, interviewed for a sales position at an Abercrombie & Fitch retail store, she wore a black h...


U.S. Supreme Court, Criminal

Don't let felons distribute firearms

Feb. 25, 2015
By Kelly Sampson

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...


Law Practice, Civil Litigation

Settling a case with a penalty

Feb. 25, 2015
By Michael J. Raphael

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

MCLE
Feb. 23, 2015
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

Feb. 24, 2015
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

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

Feb. 21, 2015
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

Feb. 21, 2015
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?


Tax

"Fifty Shades of Grey"? In taxes, it's more like 1,000.


Law Practice

The law of work in the sharing economy

Feb. 20, 2015
By Michael A. Troncoso

Policymakers and firms should establish a legal baseline of worker protections that rises as a worker approaches full-time eng...


Intellectual Property

Fine art royalty passes muster

Feb. 19, 2015
By Erwin Chemerinsky

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

Feb. 18, 2015
By Bradley H. Ellis

For three decades, when addressing specific personal jurisdiction in California, courts have been shackled to the "effects" te...


Letters

'Male attorneys strike out on their own'

Feb. 17, 2015
By Alfred G. Rava

A recent article - especially its headline ("Female attorneys strike out on their own," Feb. 12) - and women-only attorney gro...


Criminal

Is marijuana's classification irrational?

Feb. 17, 2015
By Thomas McMahon

While Congress drags its feet on marijuana policy, people are being prosecuted and put behind bars. The courts are taking notice.


Intellectual Property

God made a farmer, then Congress made the DMCA

Feb. 17, 2015
By Dan D. Nabel

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

Feb. 17, 2015
By Stephen L. Raucher

The state Supreme Court should resolve the matter of to what actions the anti-SLAPP statute can be applied.


Law Practice

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

Feb. 13, 2015
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

Feb. 11, 2015
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

Feb. 11, 2015
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?

Feb. 11, 2015
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...


Letters, Labor/Employment

We're building jobs here, not a canal

Feb. 10, 2015
By Anthony J. Oncidi

James P. Gray's story in a recent column reminded me of an anecdote attributed to the late Milton Friedman.


Letters, Labor/Employment

Wage articles lack concrete examples

Feb. 10, 2015
By Frank Pray

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

Feb. 7, 2015
By Jan Frankel Schau

The tension between the confidentiality of workplace investigations and the litigation process they serve remains is a complic...


International Law

Cybersecurity or protectionism?

Feb. 7, 2015
By Pooja S. Nair

In the past few months, Chinese agencies have enacted several regulations that may impact U.S. corporations operating in China...


Civil Rights

You've come a long way, baby — Part III

Feb. 7, 2015
By Julie L. Kessler

"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

Feb. 6, 2015
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

Feb. 6, 2015
By Ara R. Jabagchourian

On Wednesday, Tom Wheeler, chairman of the Federal Communications Commission, proposed regulating Internet service as a public...


Labor/Employment, Government

Although government performs necessary services and provides an infrastructure that facilitates the production of wealth, it a...