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One rule of appellate practice is that an appellant must adhere to the theory of the case that was presented in the trial cour...


Law Practice

'Disengaging' from your career

Oct. 1, 2014
By Timothy A. Tosta

When and how does one disengage from an extraordinary career?


Environmental & Energy

Science refutes fracking opposition

Oct. 1, 2014
By Jeffrey Dintzer, Nathaniel Johnson

The groundwater contamination caused by fracking has been a central component of the anti-fracking narrative. By Jeffrey Dintz...


Criminal, Constitutional Law

Search and seizure basics, Part 3

MCLE
Sep. 29, 2014
By Elia V. Pirozzi

The objective of this article and self-study test is to review the principles and recent case authority concerning the Fourth ...


Environmental & Energy

A brave new world of water regulation

Sep. 30, 2014
By Kathryn L. Oehlschlager, Estie M. Kus

Since the state of California was born, the right to extract and use groundwater has been virtually unregulated. But all that ...


Alternative Dispute Resolution

Mediation conflict: What would Freud do?

Sep. 27, 2014
By Robert S. Mann

Sigmund Freud believed that unrecognized and unresolved conflicts were the basis for neurotic behavior and unhappiness.


Ethics/Professional Responsibility

Ethical supervision: all in a day's work

Sep. 27, 2014
By Alison Buchanan

While it is perfectly acceptable for us to rely on others to help manage our work and our practices, our duties of competence ...


Concussion management should be 'no brainer' for NCAA

Sep. 27, 2014
By Alexander T. Robertson IV

Unlike their professional counterparts, college football players who receive scholarships are often at the mercy of their scho...


U.S. Supreme Court, Constitutional Law, Books

Review: A flawed case against the Supreme Court

Sep. 27, 2014
By David DeGroot

Erwin Chemerinsky undertakes an ambitious review of the Supreme Court's history in his new book. He conveys his criticism in s...


Judges and Judiciary

Last year, Chief Judge Diane Wood of the 7th U.S. Circuit gave a keynote address at Chicago-Kent Law School in which she discu...


Civil Litigation, Law Practice

Don't trip on the immunity 'trail'

Sep. 26, 2014
By Molly M. McKibben

Ambitious plans to create a recreational paradise along parts of the Los Angeles River may lead to a slew of legal pitfalls fo...


Law Practice

It's getting to be so that you can't rely on any purportedly scientific news in the newspapers. ...


Law Practice, Entertainment & Sports

The NFL's desperate need for moral clarity

Sep. 25, 2014
By Robert L. Bastian Jr.

Redskins - the name of the NFL's Washington franchise - is a slur. And it's the least controversial thing about the NFL these ...


Judges and Judiciary

Take me out to the courthouse...

Sep. 25, 2014
By Michael L. Stern

Baseball has been America's pastime for more than a century. So it is not surprising that expressions unique to the game have ...


Criminal

Privacy and police body-worn cameras

Sep. 25, 2014
By Gary Schons

The shooting of Michael Brown in Ferguson, Mo., has turned a white hot light on the issue of equipping all police officers on ...


Civil Litigation, Law Practice, California Courts of Appeal

Malicious prosecution is an extremely disfavored tort - but it just got a little stronger, thanks to the weakening of the inte...


Ray Rice, the NFL and at-will employment

Sep. 24, 2014
By Brian S. Kabateck

In recent weeks, the debate surrounding Ray Rice and his termination at the hands of the Baltimore Ravens has reached fever pi...


Letters, Appellate Practice

Tentative opinions in the next decade or two

Sep. 23, 2014
By Paul S. Berger

"Far-fetched" is not the same as "unlikely to be implemented."


Letters, Appellate Practice

Tentative rulings aren't so "far-fetched"

Sep. 23, 2014
By Ciarán O’Sullivan

Especially given that one division is already doing it. By Ciarán O'Sullivan ...


Judges and Judiciary, California Supreme Court

Informed voters ensure fair courts

Sep. 23, 2014
By M.C. Sungaila

An independent and fair judiciary is the cornerstone of our democracy. It is imperative that we make informed choices in selec...


I recently noticed that my Saturday morning visits to the local farmers' market were filed with more tax law than I realized. ...


Entertainment & Sports, Contracts

Morals clauses: from Ruth to Rice

Sep. 17, 2014
By Julie L. Kessler

All is not well with the NFL. Last week, following TMZ's release of new video footage, the league indefinitely suspended Ray R...


Government

Congress needs to approve ISIS attack

Sep. 17, 2014
By Erwin Chemerinsky

President Barack Obama is legally and politically wrong in not seeking congressional approval for the continued bombing of ISIS.


The naked truth: little recourse for cloud-based security breaches

Sep. 16, 2014
By Brian S. Kabateck, Shant A. Karnikian

While you may not take nude "selfies," you likely (and sometimes unknowingly) store copious amounts of personal information on...


Family

May a couple be 'living separate and apart' when they reside in the same residence? The state high court will soon tell us.


Ethics/Professional Responsibility

When the guardians of the privilege sue

Sep. 13, 2014
By Diane L. Karpman

There are myriad perplexing problems that will always exist when a lawyer sues his or her employer. ...


Civil Litigation, Appellate Practice

Maximize the impact of amicus support

Sep. 12, 2014
By Alana H. Rotter

While the specifics of how to prepare an effective amicus brief vary by case, there are several rules of thumb that apply acro...


U.S. Supreme Court, Criminal, Constitutional Law

Justices consider statutory text limits

Sep. 11, 2014
By Michael J. Raphael

Can a person be guilty of federal bank fraud even where his scheme contemplates no deception of a bank? ...


Securities, Government, Criminal

SEC versus Congress in insider trading investigation

Sep. 11, 2014
By George B. Newhouse Jr.

The Securities and Exchange Commission may seem unstoppable to some. But who wins when the SEC sues Congress in a battle over ...


Civil Litigation, Intellectual Property, Entertainment & Sports

Disney, Deadmau5 battle over mouse ears

Sep. 11, 2014
By Dan D. Nabel

If you had to pick the most famous trademark in the entire world, what would it be? For millions - if not billions - of human ...