California courts have refused to find a duty to protect absent both a "special relationship" with the plaintiff and "actual k...
Environmental & Energy
New water rule isn't the end of the story
By Joshua A. Bloom, J. Thomas Boer
The EPA recently announced its definition of "waters of the United States," and litigation seems likely to follow. By Joshua A...
U.S. Supreme Court, Labor/Employment, Constitutional Law, Civil Rights
Guarding the liberties of religious Americans
By John-Paul S. Deol, Harmeet K. Dhillon
A half-century after the enactment of Title VII , the Supreme Court has finally provided a bright-line rule to assist in enfor...
Law Practice, Judges and Judiciary
Every lawyer's free (to wear sunscreen)
By Richard Mosk
Richard Mosk gave the swearing in speech in Pasadena Thursday for the bar's newest members. Here's what the justice had to say...
The idea of balance, harmony and a connection to nature is central to the Navajo belief system. Balance is also important in m...
Letters, Civil Rights
Column on sex change surgery for prisoner misses the question
By Sanford Jay Rosen
As an author of an amicus brief to be filed in the case, and a regular reader of the Daily Journal, I must respond to Mark Pul...
Government, Administrative/Regulatory
Help forestall rent control calamities
By Robert Steven Harrison
Understanding more about how local rent control interact with state eviction laws may help attorneys, judges and lawmakers ste...
In yet another potentially pro-employer case, the high court is considering whether "cutting off the head" of a class - i.e., ...
Lawyers tend to load their briefs with lots of cases to look impressive. The result can be an unreadable mess.
What if, in a single case, two canons of construction each require a different result? This question may underlie a criminal s...
Administrative/Regulatory
Bill will not provide relief for businesses recording calls
By Edward D. Totino
It is clear that California's Invasion of Privacy Act needs reform. Unfortunately for most businesses, AB 925 will not provide...
Can employees be on call on break?
By Jessica M. Di Palma
A pending case will test the state Supreme Court's facility in addressing the effects of rapidly changing technology in the wo...
And direct appointments to the bench are fine.
Here is a radical concept: We should go away from those criminal justice approaches that don't work, and implement the ones th...
Civil Litigation, Family
Celebrity embryo dispute could yield long-awaited precedent
By Judith Daar
Actress Sofia Vergara and former fiancé Nick Loeb are in a custody over two frozen embryos created during the couple's now-def...
The news of late has been replete with stories of death at sea as refugees make their way to Europe, but there is also a crisi...
U.S. Supreme Court, Criminal, Constitutional Law
Private payment, private sex
By Jerald Mosley
Is sexual privacy a constitutional right? If so, does that cover private payment for private sex? Those are questions posed in...
Tax, Government, Civil Rights, Administrative/Regulatory
Taxpayers may avoid paying for sex change
By Mark S. Pulliam
Due to an unexpected parole recommendation, taxpayers may avoid paying for sex change operation for a transgender prisoner. ...
U.S. Supreme Court, Intellectual Property
Defense won't fly in patent scuffles
By Ben M. Davidson
On Tuesday, the U.S. Surpeme Court held that a good faith belief that a patent is invalid is not a defense to a claim of induc...
Civil Litigation, Law Practice, Judges and Judiciary, Criminal
When a court learns of jury misconduct post-trial
By Kathryne Ann Stoltz
Review the rules a judge must follow in addressing potential juror misconduct post-trial, and to discuss some of the more typi...
U.S. Supreme Court, Civil Litigation, California Supreme Court
Yet another attack on contract integrity
By Deborah J. La Fetra
The U.S. high court recently granted certiorari in a case that represents the latest assault by California courts on the integ...
Explore the benefits of judicial reference
By Charles L. Pernicka
General judicial reference is an underutilized alternative to arbitration that avoids the unpredictability of an arbitration a...
The high court may have allowed the plaintiffs' claims to 'pass go,' but they may not be able to collect 200 dollars after the...
Last week, banker and secular Bangladeshi writer, Ananta Bijoy Das, was hacked to death by men with machetes as he left his ho...
Egg donors are sometimes paid up to $50,000. Many donors assume these payments are tax-free, since payments for physical injur...
Intellectual Property
Apple's trade dress disrobed by court
By Jocelyn M. Belloni, Sharoni S. Finkelstein
On Monday, the Federal Circuit vacated $382 million of the $930 million in damages awarded to Apple against Samsung related to...
Letters, Judges and Judiciary, Government
Bench diversity efforts leave out some groups
By Peter A. Lynch
Unfortunately, a closer look at recent statistics released by the governor's office paint a much different story on diversity ...
Law Practice, Ethics/Professional Responsibility, State Bar & Bar Associations
Will state licensing regimes survive?
By Teresa J. Schmid
Standing alone, the U.S. high court's decision in Dental Examiners did not represent any new challenges for the State B...
Technology
On May 6, the European Commission issued a new digital single market strategy for Europe laying out the proposed roadmap for a...
Last week, the state high court rejected arguments that settlement payments exceeding the costs of litigation or the value of ...