You can't raise new legal theories on appeal... usually
By David J. de Jesus
One rule of appellate practice is that an appellant must adhere to the theory of the case that was presented in the trial cour...
When and how does one disengage from an extraordinary career?
Environmental & Energy
Science refutes fracking opposition
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
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
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?
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
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
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
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
Exclusive Federal Circuit jurisdiction: the best route, for now
By Rochelle C. Dreyfuss
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'
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...
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
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 ...
Baseball has been America's pastime for more than a century. So it is not surprising that expressions unique to the game have ...
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
Suing lawyers for malicious prosecution just got easier
By Timothy D. Reuben
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
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
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"
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
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...
Fresh produce and tax law at your local farmers' market
By Robert W. Wood
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
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...
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
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...
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
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
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
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
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
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 ...