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Tax

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

Mar. 5, 2015
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

Mar. 5, 2015
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

Mar. 5, 2015
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...


Entertainment & Sports

Act doesn't serve entertainment industry

Mar. 4, 2015
By Rick Siegel

The Los Angeles city attorney recently announced that his office was stepping up their enforcement of those who violate the Kr...


Intellectual Property

For several years now, Congress has been promising to address patent litigation abuse, but judges have expressed concern that ...


Government, Criminal

Those rare instances in which prosecutors lie or cheat are painful. But I am also offended when people describe these aberrati...


Judges and Judiciary

It's all about me

Mar. 3, 2015
By Arthur Gilbert

Please enjoy your stay in the Justice Arthur Gilbert Loading Zone.


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

Mar. 2, 2015
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

Feb. 28, 2015
By Robert S. Mann

It is surprisingly often the case that a seemingly trivial matter can derail mediation at the 11th hour. ...


Government

Fans be damned, NFL does as NFL pleases

Feb. 28, 2015
By Konrad Moore

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

Feb. 27, 2015
By Robert W. Wood

Until Dennis Rodman came on the scene, there was no controversy about the tax treatment of confidentiality provisions. ...


Insurance

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

Feb. 26, 2015
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

Feb. 26, 2015
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

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...