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U.S. Supreme Court, Judges and Judiciary

Judicial campaign rules go to court

Dec. 24, 2014
By Blaine H. Evanson

Next month, the Supreme Court will hear argument on whether a state law barring judges from personally soliciting campaign fun...


Administrative/Regulatory

For cybersecurity, share and share alike

Dec. 23, 2014
By Mary Ellen Callahan, Daniel E. Chudd

As 2014 rolls into 2015, cybersecurity and how to protect corporate assets remains a widely debated topic. ...


Letters, California Supreme Court

I've been taken aback by attempts to publicly discount or distort Leondra Kruger's professional reputation and paint her as no...


U.S. Supreme Court, Criminal, Constitutional Law, California Supreme Court

Brady v. Pitchess: real conflict or fairy tale?

Dec. 23, 2014
By Brian M. Hoffstadt

Which branch - the judicial or executive - should be responsible for protecting a criminal defendant's right to obtain otherwi...


Civil Litigation, Judges and Judiciary

Learn the basics of property exempt from money judgments

MCLE
Dec. 19, 2014
By Julius O. Abanise

The object of this article and self-study test is to provide an overview of claims of exemption for judgment debtors.


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

Data breaches and standing: a 38-million-victim question

Dec. 20, 2014
By Erik S. Syverson, Scott M. Lesowitz

The number of high profile breaches of personal data seems to be proliferating. Do victims have standing to sue the entity tha...


Environmental & Energy

2014 saw a wave of environmental law changes

Dec. 20, 2014
By Kathryn L. Oehlschlager, David M. Metres

The past year saw several developments in environmental law at both state and federal levels, particularly regarding water sup...


Civil Litigation, Environmental & Energy, California Courts of Appeal, Administrative/Regulatory

Growth pains, little reform for CEQA in 2014

Dec. 20, 2014
By Nicki Carlsen, Andrew J. Brady

Major California Environmental Quality Act reform continued to be elusive in 2014.


Ethics/Professional Responsibility, State Bar & Bar Associations

Considerations for the State Bar board

Dec. 20, 2014
By Teresa J. Schmid

On the agenda for the Board of Trustees' regular meeting Friday is a discussion item proposing the appointment of a special co...


U.S. Supreme Court, Intellectual Property

Bizarre petition serves as reminder

Dec. 20, 2014
By Ben M. Davidson

Judges have complained for years that patent lawyers don't write in plain English, and the U.S. Supreme Court joined the choru...


Year in Review Column, U.S. Supreme Court, Civil Rights

Advances for LGBT employees in 2014

Dec. 19, 2014
By Koray J. Bulut

This year, there were significant developments in employment laws affecting the lesbian, gay, bisexual and transgender communi...


Labor/Employment, 9th U.S. Circuit Court of Appeals

Circuit changes course on ERISA

Dec. 19, 2014
By Michelle L. Roberts

The 9th Circuit just issued a ruling joining several other circuits on the availability of the equitable remedy of "surcharge"...


International Law, Entertainment & Sports, Civil Rights

World Cup, courtesy of modern slavery

Dec. 18, 2014
By Julie L. Kessler

I grew up on a steady diet of "football," and by that I mean soccer. Soccer was part of the family lore and lexicon. But recen...


Transportation, Constitutional Law

FRE SPCH: vanity plates and the First Amendment

Dec. 17, 2014
By Kenneth P. White

Americans view their cars as literal and figurative vehicles of self-expression, not mere tools of transportation. So we can't...


Criminal, Constitutional Law, California Supreme Court, California Courts of Appeal

State constitutional analysis, a love letter

Dec. 16, 2014
By Joseph R. Grodin

The Court of Appeal's analysis in a recent case provides a much needed restatement of the jurisprudential independence of righ...


Intellectual Property

Indirect patent infringement, by inducement, isn't a strict liability offense, so companies with a good-faith belief that thei...


How to Rekindle Pride in the Legal Profession


The Past and Future of Civil Legal Aid in the United States


Five attorneys discuss their game plans for handling student debt.


Judges and Judiciary

Ordered recusal of immigration judge boggles the mind

Dec. 11, 2014
By Majed Dakak, Bruce J. Einhorn

Our nation's courts are best served when filled by diverse qualified jurists applying their unique perspective and understandi...


Prevent the need for massive auto recalls

Dec. 11, 2014
By Brian S. Kabateck, Hrag Kouyoumjian

The automotive world is under siege as unrelenting media coverage exposes more details about a massive, worldwide recall invol...


Corporate, Contracts

UCC: a forgotten code in asset purchase transactions

Dec. 10, 2014
By Keith Paul Bishop

he Uniform Commercial Code has become the "forgotten code" when it comes to agreements to acquire a business in an asset purch...


Law Practice, State Bar & Bar Associations

Drop the MBE. I repeat, drop the MBE

Dec. 10, 2014
By Ira L. Shafiroff

The July California bar exam results are not good: Only 48 percent of first-time takers passed, the lowest rate in 10 years. B...


Government, Criminal

Watching the idea we are a nation of laws unravel

Dec. 9, 2014
By Ara R. Jabagchourian

There has been a troubling trend developing for some time regarding perceptions of who the law serves in our society - and it ...


Intellectual Property, Entertainment & Sports

Turtles copyright battle gets Sirius

Dec. 9, 2014
By John F. Stephens

On Nov. 14, Sirius XM was hit with a difficult-to-tune-out court ruling in favor of the 1960s rock band the Turtles in a dispu...


Judges and Judiciary

A tale of 'death' during the holidays

Dec. 9, 2014
By Arthur Gilbert

When you are arguing a case and the judge is staring into space, seemingly shutting you and your argument out of her conscious...


Civil Litigation

California courts continue to chip away at-will doctrine

Dec. 6, 2014
By Timothy D. Reuben, Michael Hirota

While it's now codified in the California Labor Code, there has long been judicial protection for those wrongly accused of, an...


Ethics/Professional Responsibility, State Bar & Bar Associations

Reinvent the State Bar of California

Dec. 6, 2014
By Teresa J. Schmid

If history is any guide, these are times that could try the soul of the State Bar.


Letters, Judges and Judiciary

Summing up Brown's picks in one sentence

Dec. 4, 2014
By Nathaniel J. Friedman

Retired Justice Rick Sims' well-thought out article might well be summed up in a single sentence: "If you loved Rose Bird, you...


Letters, Judges and Judiciary

Lack of experience is actually quite common

Dec. 4, 2014
By Aashish Y. Desai

Not until President Dwight Eisenhower was in office did an issue arise over appointing only justices with prior judicial exper...