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Constitutional Law

America's evolving 'public forums'

Sep. 9, 2014
By Barry A. Fisher

Last month, the 9th U.S. Circuit Court of Appeals upheld the constitutionality of an ordinance barring religious and charitabl...


U.S. Supreme Court, Constitutional Law, Civil Rights

Wisdom aside, is the Boy Scout ban constitutional?

Sep. 9, 2014
By Mitchell Keiter

Many have addressed the wisdom of proposed changes to Canon 2C of the Code of Judicial Ethics, but few have addressed its cons...


Letters, Entertainment & Sports

Edwin McPherson's article titled "TAA Violation for Record Producer Deal" (Aug. 18) discussed a recent decision by the labor c...


Criminal

In the Supreme Court, plain text means context

Sep. 8, 2014
By Michael J. Raphael

In the ordinary criminal case, if an accused's conduct is prohibited by the plain text of a statutory provision, the person is...


Insurance

Earthquake insurance: the dim reality

Sep. 6, 2014
By Brian S. Kabateck

In the wake of the 6.0 earthquake that rocked Napa last month, property owners are now facing the financial fallout from the l...


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

The 10-day waiting period is reasonable

Sep. 4, 2014
By John J. Donohue III

Rarely will the conservative majority on the Supreme Court issue a decision so objectionable that it draws harsh rebukes from ...


Law Practice

What we can learn before our 10th decade

Sep. 3, 2014
By Arthur Gilbert

Despite the bravado and confidence that judges and lawyers on occasion display, those who are truly enlightened know that the ...


Law Office Management

The Urge to Exclaim

Sep. 2, 2014
By William Domnarski

In legal writing, don't give in to the urge to exclaim. ...


Alternative Dispute Resolution

Do marathon mediations make sense?

Aug. 30, 2014
By Jill Switzer

Anyone who has ever mediated a case, as an advocate or as the neutral, looks back at a marathon mediation session with either ...


Ethics/Professional Responsibility

Delay in rules update raises questions

Aug. 30, 2014
By Ellen A. Pansky

The State Bar is now sending proposed rules of professional conduct up to the state Supreme Court one by one for formal adopti...


Intellectual Property

It's not always obvious what's 'obvious'

Aug. 28, 2014
By Craig E. Countryman

Patent protection is important to innovators in biotechnology and pharmaceuticals because it protects their substantial invest...


Intellectual Property, Administrative/Regulatory

Sandoz may bring clarity to biosimilars rules

Aug. 28, 2014
By Jeffry S. Mann, Stephen Paul Mahinka

Manufacturers of reference products and biosimilars await further guidance from the Federal Circuit as to the metes and bounds...


Intellectual Property, Administrative/Regulatory

Biosimilars and the new road to FDA approval

Aug. 28, 2014
By Janet M. McNicholas, Tamera M. Weisser

Many fundamental issues concerning the BPCIA remain unresolved, making this regulatory pathway unattractive to some potential ...


Alternative Dispute Resolution

In mediation, many different factors create "power" and "torque." But it's not always the case that those lead to "work," whic...


Tax

A new decision is instructive in how to draft tax-sharing agreements that specify each subsidiary's tax liability in a consoli...


Constitutional Law

Marriage battle lines more clearly drawn

Aug. 26, 2014
By Kris Whitten

The U.S. Supreme Court stayed of the 4th U.S. Circuit Court of Appeals' recent 2-1 decision holding that Virginia's limiting m...


U.S. Supreme Court, Criminal, 9th U.S. Circuit Court of Appeals

Death penalty case heads to oft-overturned 9th Circuit

Aug. 26, 2014
By Lawrence Waddington

On July 16, Judge Cormac Carney, ignoring the opinions of the U.S. and state Supreme Courts to the contrary, declared the Cali...


Criminal, Constitutional Law

Search and seizure basics, Part 2

MCLE
Aug. 25, 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 ...


Sensible call recording litigation

Aug. 23, 2014
By Edward D. Totino

Recent California court decisions may make it more difficult for plaintiffs to bring lawsuits against businesses that record c...


Labor/Employment

Assistive animals are capable of helping individuals with a wide range of disabilities, allowing them to more fully access the...


Criminal

Wine fraud is on the rise. Americans are drinking and collecting more expensive wine than ever, resulting in a flood of count...


Government, Criminal, Civil Rights

When officers wear a 'heavy badge'

Aug. 20, 2014
By Robert L. Bastian Jr.

One commonality between the police shooting in Ferguson, Missouri and the one in South Central Los Angeles days later is the s...


Entertainment & Sports

TAA violation for record producer deal

Aug. 19, 2014
By Edwin F. McPherson

A new decision by the California labor commissioner is the first in which a manager was determined to have violated the state'...


Tax

Inversions may be trending, but they're not new

Aug. 15, 2014
By Robert W. Wood

Inversions are not new. Yet in a short period of time they have undergone a rather startling metamorphosis. ...


Administrative/Regulatory

Data breach déjà vu

Aug. 15, 2014
By Mary Ellen Callahan, Michael T. Borgia

Data breaches unfortunately have become a fact of life on the Internet, and users will have to change their routines according...


Government, Antitrust & Trade Reg.

Public PLAs: a win-win for labor and management

Aug. 14, 2014
By Jonathan V. Holtzman

While there is often a political component to using public labor agreements, there is also increasing recognition that they ar...


Real Estate/Development, Government, Administrative/Regulatory

Public partner financing: a capital proposal

Aug. 13, 2014
By Jake Vollebregt

Cities throughout California are looking for development partners to revitalize downtown districts, create value in suburban n...


Labor/Employment

As the Brinker dust settles, review what we learned

Aug. 13, 2014
By Richard J. Simmons

Brinker is an iconic decision clarifying the procedural standards of class certification and the substantive law rules ...


Labor/Employment

State Legislature must protect workers from wage theft

Aug. 13, 2014
By Erwin Chemerinsky, Catherine L. Fisk

The state Legislature needs to enact currently pending legislation to protect low-wage workers from all too-common wage theft....


Constitutional Law

Common sense gun regulation

Aug. 13, 2014
By Lawrence Rosenthal

AB 1014 is common sense regulation, much like existing laws prohibiting the possession of firearms by individuals under domest...