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U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals

Public carry and the 2nd Amendment

Nov. 25, 2014
By Lawrence Rosenthal

Likely the most critical issue to be decided in Heller's wake is whether the Second Amendment secures a right to carry firearm...


Law Practice

Everyone wants to win, but lawyers may not consider all the ramifications to the client. ...


U.S. Supreme Court, Constitutional Law

A blighted takings precedent

Nov. 22, 2014
By Gideon Kanner

You remember Berman v. Parker, right? Well guess how that turned out. ...


State Bar & Bar Associations

What's really going on at the bar

Nov. 22, 2014
By Mark J. Geragos

I regret to inform the California legal community what has happened at the State Bar. ...


Criminal

Effective counsel and jury instructions

Nov. 21, 2014
By Konrad Moore

Failing to ask for the right jury instruction may well land you a finding of ineffective assistance of counsel, as one recent ...


U.S. Supreme Court, Intellectual Property

The death of Internet patents

Nov. 21, 2014
By Ben M. Davidson

Should patents be used to monopolize abstract ideas of doing business on the Internet using conventional programming technique...


U.S. Supreme Court, Constitutional Law

It all depends on whose privacy it is

Nov. 20, 2014
By Rebecca L. Brown

The U.S. Supreme Court recently agreed to hear City of Los Angeles v. Patel, a case which may provide the court an opportunity...


Civil Rights

The basic right to die with dignity

Nov. 20, 2014
By Julie L. Kessler

Whatever your religion and however you view physician-assisted dying with dignity, the case of Brittany Maynard was a painfull...


Civil Litigation, 9th U.S. Circuit Court of Appeals

States can't obtain double recovery in class settlements

Nov. 20, 2014
By Julia B. Strickland, David W. Moon

The 9th Circuit recently decided that public officials cannot obtain a duplicate recovery in the form of restitution to indivi...


Government, Administrative/Regulatory

Don't tread on the Internet

Nov. 20, 2014
By Bennett L. Ross, Brett Shumate

If the FCC subjects broadband services to the same regulations that apply to traditional telephone services, the results will ...


U.S. Supreme Court

Let's lift the high court's curtain

Nov. 19, 2014
By Erwin Chemerinsky

Far too much of what goes on in the U.S. Supreme Court is done in secret and without any explanation from the justices ...


Immigration

Employers, employees should beware visa abuses

Nov. 18, 2014
By Rajiv S. Khanna

A recent report by The Guardian has brought into focus corrupt labor brokers in the United States who have been abusing the vi...


Administrative/Regulatory

Data security has a new sheriff in town

Nov. 18, 2014
By Mary Ellen Callahan, Samuel L. Feder

In October, the FCC issued a notice of apparent liability finding that telephone carriers had violated the Communications Act ...


U.S. Supreme Court, Appellate Practice

Whether the court will dismiss a recent CAFA case reflects the intersection of two trends: the increasing influence of amicus ...


Ethics/Professional Responsibility

Attorneys can SLAPP down some suits

Nov. 15, 2014
By Alison Buchanan

Almost since its inception, the anti-SLAPP statute has served as a valuable tool for lawyer defendants sued by litigants regar...


Books, Alternative Dispute Resolution

Susskind on winning win-win negotiations

Nov. 15, 2014
By Jan Frankel Schau

It was with great eagerness that I dove into Lawrence Susskind's new book, "Good for You, Great for Me: Finding the Trading Zo...


Criminal

Heroin, of course, is worse than marijuana

Nov. 15, 2014
By Alex Kreit

One of the recurring mysteries of federal drug law is why marijuana is classified alongside heroin in the most serious categor...



Government, Environmental & Energy, Administrative/Regulatory

Latest fracking bans just the beginning

Nov. 14, 2014
By Richard M. Frank

California voters sent mixed messages at the ballot box last week regarding one of the state's most controversial environmenta...


Civil Litigation, Appellate Practice

A state's regulatory wingspan

Nov. 14, 2014
By Donald M. Falk

Few if any states regulate the conduct of their citizens and businesses more comprehensively than California. But can Californ...


Insurance

Insurance risks of easy medicine and doctorless doctoring

Nov. 13, 2014
By Tad A. Devlin, Sheila Pham

Entrepreneurs and health care providers have expanded telemedicine and created platforms for on-demand health care services av...


Law Practice

Grow yourself by growing your curiosity

Nov. 13, 2014
By Timothy A. Tosta

I'm curious about things. That curiosity fuels me and provides perpetual forward motion.


Contracts

Harsh contractual indemnity and hold harmless clauses, historically confined to sophisticated commercial contracts negotiated ...


Government

Collect first, sort second, says NSA

Nov. 13, 2014
By Cindy A. Cohn

Allowing the government to collect first and sort out second would mean that the government could record every phone call and ...


Securities, Antitrust & Trade Reg., Administrative/Regulatory

SEC increases enforcement activity in 2014

Nov. 12, 2014
By Thomas A. Zaccaro, Eleanor K. Mercado

The SEC recently announced that it filed a record 755 enforcement actions in fiscal year 2014. ...


Environmental & Energy

Counties jumped the gun on fracking bans

Nov. 11, 2014
By Jeffrey Dintzer, Nathaniel Johnson

Even though neither county is home to existing fracking operations, the prohibitions arrive at a particularly inopportune time...


Government, Administrative/Regulatory

What to expect from Republican-controlled Senate

Nov. 11, 2014
By Makan Delrahim

Now that Republicans have 54 seats in the Senate (failing in Virginia), what should Americans - many of whom with little inter...


Administrative/Regulatory

Once more into the breach (report)

Nov. 8, 2014
By Mary Ellen Callahan, Michael T. Borgia

Last week, California Attorney General published her second annual Data Breach Report quantifying many issues about the securi...


International Law

Last month I was in East Africa doing research. It was, in ways both expected and not, the journey of a lifetime. ...


Law Practice, State Bar & Bar Associations

The state can regulate professions in many ways, but when state regulation and professional insights clash, we see the tension...