Letters, Constitutional Law
The First Amendment applies to students, too
By Stephen F. Rohde
Students have every right to exercise their First Amendment by peacefully protesting against their colleges bestowing valuable...
Intellectual Property
Federal Circuit increases burden on copyright trolls
By Ben Depoorter
Last week the U.S. Court of Appeal for the Federal Circuit dealt a severe blow to this Joe Doe lawsuit approach to file-sharin...
The RESPECT Act is the recording industry's latest attempt to have its cake and eat it too, applying only the provisions of co...
Civil Litigation, Health Care & Hospital Law, Government, Administrative/Regulatory
Health care fraud remains a key focus for DOJ
By Thomas P. O'Brien, John J. O'Kane IV
The Medtronic settlement is yet another in a series of examples of the DOJ's continuing efforts to zero in on health care frau...
Constitutional Law, Books
The stakes for Scalia in Bush v. Gore
In "Scalia: A Court of One," Bruce Allen Murphy, author of three previous Supreme Court biographies, provides the most compreh...
How, when to address taxes in mediation
By Robert W. Wood
If a complete settlement agreement must be signed before the parties have the time or expertise to consider tax issues, proble...
Can California cities stop patients from growing marijuana in their own homes? ...
Bond v. United States is an encouraging, though not definitive, sign that the high court will not allow treaties to ser...
Labor/Employment, California Supreme Court
Guidance on statistics in class actions
By Enzo Der Boghossian, Laura Reathaford
The decision in Duran v. U.S. Bank provided guidance regarding the use of statistical or representative evidence in employment...
I do not personally know anyone who has been invited to speak at a university or college commencement. Which is probably a goo...
It was 1960 when I wandered into a bookstore on the Rive Gauche to purchase a copy of "Tropic of Cancer."
In my mediation practice I see many examples, all of them negative, of what happens when parties refuse to give up the fight.
It has been only 16 months since the horrors of Sandy Hook where 20 little children and eight adults were killed, including th...
Law Practice, Government, Corporate, Banking
Capitalism and law in the 21st century
By Robert L. Bastian Jr.
The mere cover is audacious. Thomas Piketty's "Capital," appears in red letters, with the rest of the title - "in the Twenty-F...
Judges and Judiciary
Rules for stipulating to a commissioner
By Maria Theresa Jauregui
The objective of this article and self-study test is to review issues surrounding the validity of stipulations to commissioner...
The only people who truly benefit from the current law are insurance companies and big-time medical practitioners like hospitals.
Intellectual Property
Who really won Apple v. Samsung redux?
The outcome of the second "patent trial of the century" between Apple and Samsung has been described as a "mixed verdict" for ...
When is 50-50 not half? Exploring the ramifications of a recent divorce case. ...
Judges and Judiciary
Judicial elections: educate, don't eliminate
By Randolph M. Hammock
Once again, public debate has begun about the appropriateness of electing our judges.
U.S. Supreme Court, Intellectual Property
Laches defense takes a hit in Petrella
By Robert Magee
Last week, the U.S. Supreme Court issued a ruling that may alter the assertion of intellectual property rights in unforeseen w...
Civil Litigation
Right to Repair Act is spawning inconsistent rulings
By Joshua H. Haffner, Terry R. Bailey
Did the Legislature intend to provide a right of action under the Right to Repair Act for classes?
Alternative Dispute Resolution
Combat negotiation fatigue in mediation
By Jan Frankel Schau
In mediation, productivity-sapping maladies - e.g., emails, text messages, etc. - can lead to a condition known as "cognitive ...
Government, Corporate, Administrative/Regulatory
A first-of-its-kind FCPA ruling
By Debra Wong Yang, Poonam Kumar
The 11th Circuit held that an "instrumentality" is as "an entity controlled by the government of a foreign country that perfor...
Civil Litigation, Family, California Courts of Appeal
'Gamete friending'
By Judith Daar
The devil you know seems more appealing than the anonymous donor you can never meet. But deeper reflection is required. ...
Family, Alternative Dispute Resolution
In divorce mediation, parties are responsible
By Franklin R. Garfield
Most lawyers think of divorce as a legal proceeding with emotional implications. ...
Take-home pay is bigger in Texas, too
By Robert W. Wood
Considering the high cost of operating in the Golden State, Toyota's move from California to Texas will save big. It is not ju...
Health Care & Hospital Law, Administrative/Regulatory
Speech, intimidation and the anti-vaccine movement
By Dorit Reiss
Several events in the past weeks have brought home the point that the anti-vaccine movement's call for debate only stands as l...
Constitutional Law
Bring back the 'fit and proper' hearing
By Richard La Fianza, Kelly Byward
Before a child is charged as an adult, should there be a hearing before an impartial judge to determine if the child is fit fo...
U.S. Supreme Court, Constitutional Law
'Outsiders to their own government'
By Erwin Chemerinsky
The Town of Greece decision will mean that across the country meetings of town boards and city councils of all types of...
U.S. Supreme Court, Letters, Constitutional Law
A 'ministry of truth' is preferable to 'the falsity of the wealthy'
By Joel Drum
Re: "A state-sponsored 'ministry of truth,'" April 30. ...