Law Practice
We can make our justice system better and more efficient
By James P. Gray
I am proud to be a part of the civil justice system, and believe the rest of us should be as well. Why? Because it works. ...
Civil Litigation, Intellectual Property
Monkeying around with copyright law
By Dan D. Nabel
Wikimedia's first "Transparency Report" details a copyright takedown request from a photographer who claimed ownership of a se...
Alternative Dispute Resolution
Flexible yet focused: surprises in mediation
By Jan Frankel Schau
We've all encountered the element of surprise that may distract particpants from the task at hand during mediation. The respon...
Government, Administrative/Regulatory
'Microlocating' shoppers and privacy
By Mary Ellen Callahan, Michael T. Borgia
Microlocation could help bridge the information gap between online and brick-and-mortar retailers, but it also raises privacy ...
Labor/Employment
VIDEO: Should telecommuting be a reasonable accommodation?
By John F. Baum
The question of allowing an employee to telecommute becomes substantially more complex if the employee is an individual with a...
Health Care & Hospital Law, Government, Constitutional Law, Administrative/Regulatory
What's at stake in Obama lawsuit?
By Makan Delrahim
On July 30, the House of Representatives passed a resolution that authorized the Speaker of the House to sue President Barack ...
Intellectual Property, Administrative/Regulatory
Can FCC help deliver the Dodgers to hometown fans?
By John F. Stephens, Jason M. Joyal
Some 70 percent of Los Angeles can't watch the Dodgers because Time Warner Cable-owned SportsNet LA, will not allow other carr...
Transportation
Privileged rides are still common carriers
By Brian S. Kabateck, Doug Rochen
Recent changes in the law across the United States seem to have expanded the categorical definition of who is a common carrier...
To most of us, "getting screwed by the IRS" certainly does not mean having sex with an IRS auditor. It also does not mean gett...
Bankruptcy filings are down 12 percent this year. While an uptick in bankruptcy filings is unlikely in a healthy economy, two ...
Civil Litigation
Motor carriers subject to state unfair competition law
By Craig A. Roeb, Kacey R. Riccomini
Until recently, in the context of motor carriers/transportation law, it was uncertain whether California's Unfair Competition ...
Administrative/Regulatory
Expect more stringent regulations over 'big data' to emerge
By Hsiao C. Mao, Jonathan H. Yee
Stricter regulations for Internet data tracking are imminent. The question is simply how sweeping such regulations will be.
Real Estate/Development
Palm Springs Airbnb: a squatter's paradise
By Tad A. Devlin, Sheila Pham
Real property and landlord-tenant occupancy issues arising in the home sharing space will require careful legal maneuvering, a...
Thousands of children fleeing Central America are caught in a legal no-man's land, trapped between the deadly violence in thei...
To repeat what I have often said, we judges and lawyers are storytellers. Every lawsuit, every judicial opinion involves a story.
Even in legal writing, find your own style to create compelling communication. ...
Erwin Chemerinsky is impressed and disturbed by Richard Epstein's The Classic Liberal Constitution. ...
Law Practice, Entertainment & Sports
Summer heat reveals NFL shortcomings
By Robert L. Bastian Jr.
Both on and off the playing fields of professional and collegiate athletics, we are reminded once again this summer that there...
Intellectual Property, 9th U.S. Circuit Court of Appeals
Fading blogger-journalist distinction
By Andrew J. Thomas
Earlier this year, the 9th Circuit became the first federal appellate court to hold that a blogger enjoyed the same First Amen...
Criminal, Constitutional Law
Death penalty ruling is 50 years late
By Sanford Jay Rosen
Judge Cormac Carney has started a process that should have been started by the U.S. Supreme Court in a notorious California ca...
Criminal, Constitutional Law
Search and seizure basics, Part 1
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 ...
New bill targets Internet extortion
By Brian S. Kabateck
Over the past two decades, online speech issues have forced lawmakers and courts to evaluate First Amendment protections in an...
Government, Entertainment & Sports, Administrative/Regulatory
New law tackles brain injuries
By Alexander T. Robertson IV
On July 21, Gov. Jerry Brown signed into law Assembly Bill 2127, which aims to tackle the increasing trend of traumatic brain ...
Government, Administrative/Regulatory
Don't panic, the sky won't fall without net neutrality rules
By Bennett L. Ross
Consistent with the Internet's evolution, broadband and edge providers should be able to experiment in how best to use their a...
U.S. Supreme Court, Securities, Corporate
Roberts court isn't all about business
By Lauren R. Goldman, Rory Schneider
The decisions issued by the U.S. Supreme Court in its most recent term, which ended June 30, should definitively put to rest t...
Alternative Dispute Resolution
Mediation speed dating: the half-day case
By Robert S. Mann
Many of the considerations in speed dating - efficient time use and clearly presenting your position - apply equally to the pr...
Government, Corporate, Administrative/Regulatory
White-collar enforcement's 'compliance effect'
By Michael M. Farhang
Recent white collar enforcement activity by the U.S. Department of Justice and other federal agencies has had a salutary effec...
U.S. Supreme Court, Constitutional Law
That's $23.6 billion — with a 'b'
By Charles S. Doskow
A lawsuit against R.J. Reynolds recently resulted in an astronomical jury verdict against the tobacco company, but it won't last.
Last week's historic ruling by Judge Cormac J. Carney that California's death penalty system is unconstitutional breathed life...
Civil Litigation, California Courts of Appeal
Appellate split on whether breach of lease can be SLAPPed
By Timothy D. Reuben
How do you know what the gravamen of a complaint is for purposes of the anti-SLAPP statute? And are a notice of termination an...