Last October I wrote in this column about the Montana rape case which drew national attention, shock and ire. The basic facts ...
U.S. Supreme Court, Constitutional Law
'Reading tea leaves,' or: applying the Crawford decision
By Brian M. Hoffstadt
Crawford v. Washington's interpretation of the Sixth Amendment's confrontation clause made quite a splash when first handed do...
Administrative/Regulatory
Hulu privacy action breathes new life into outmoded privacy law
By Mary Ellen Callahan
You can learn a lot about somebody from the movies and TV shows he or she watches. But under the Video Privacy Protection Act,...
Recent headlines may make it seem like San Francisco City Attorney Dennis Herrara is preparing to wage war on short-term renta...
Any law regulating expressive activity - even malicious expressive activity - must be narrowly and carefully drafted so as not...
"Even a dog," Justice Holmes famously wrote, "distinguishes between being stumbled over and being kicked." By Rory K. Little ...
Despite all the moral outrage, there has been little or no focus on the presumptive criminal violation that may have occurred....
U.S. Supreme Court, Environmental & Energy
EPA knows which way the wind blows
By R. Morgan Gilhuly, Christopher D. Jensen
The impact of a recent U.S. high court decision is that most power plants in the eastern half of the U.S. will face tighter li...
A lawyer I knew expressed regret that the law was so demanding that he could not devote enough time to appreciate the arts. I ...
Books, Alternative Dispute Resolution
Master the conflict-resolution dance
By Jan Frankel Schau
I have never had a formal dance lesson, so it was with some reluctance that I opened the new book published by the ABA's Secti...
A Level Playing Field
By Wendy L. Patrick
The rules of professional conduct don't just govern ethics -- they also ban discrimination. ...
Law Practice, Entertainment & Sports
Denial, it seems, is a river running through LA
By Robert L. Bastian Jr.
Denial is not, as they say, just a river running through Egypt. So why, as the tidewaters linger from Donald Sterling's racist...
U.S. Supreme Court, Constitutional Law
A state-sponsored 'ministry of truth'
By Charles S. Doskow
The U.S. high court recently heard oral arguments about an Ohio law that penalizes false statements about candidates. ...
There is more to urban home life than proximity to trendy purveyors of haute cuisine and a latte-dispensing Starbucks within w...
Civil Litigation, Law Practice, Judges and Judiciary, Criminal
A primer on hearsay evidence
By Daniel J. Buckley
Earn MCLE credit reviewing one of the most common evidentiary issues that arises in both civil and criminal litigation: the ad...
Environmental & Energy
State leads way on drinking water standard
By Richard C. Coffin, David M. Metres
California recently became the first state in the nation to establish a drinking water standard for hexavalent chromium. ...
U.S. Supreme Court, Criminal, Constitutional Law
When cops make good faith mistakes
By Michael J. Raphael
What happens if the officer was mistaken about the facts or the law such that, with the proper information considered, the off...
Law Practice, Ethics/Professional Responsibility
Malicious prosecution case creates conflict in case law
By Kenneth C. Feldman
A court found that the applicable statute of limitations in malicious prosecution cases is not the legal malpractice statute o...
U.S. Supreme Court, Constitutional Law
Has same-sex marriage become a 'political question'?
By Kris Whitten
A case before the 10th Circuit suggests that the U.S. high court may again be asked to determine whether states are free to d...
Real Estate/Development
'Sharing economy' is really just free market
By Edward C. Singer Jr.
San Francisco is considering legislation that will allow this "new sharing economy" to co-exist alongside a 35-year-old rent c...
Civil Litigation, California Courts of Appeal
Ruling refines use of product liability doctrine
By Craig A. Roeb, Zachary P. Marks
A recent decision helps to define the scope of the "component parts doctrine" used in product liability actions. By Craig A. R...
Civil Rights
Giving up essential liberty to purchase temporary safety
By Stephen F. Rohde
A recent court victory for a Muslim scholar who was subjected to shocking mistreatment by the U.S. government has exposed the ...
Administrative/Regulatory
Proposition 65 changes could make matters worse
By Amy P. Lally, Judith M. Praitis
In March, the California Environmental Protection Agency released in draft form significant proposed changes to Proposition 65...
Environmental & Energy, Administrative/Regulatory
The state of fracking
By J. Thomas Boer
It appears certain that the regulation of fracking, and litigation related to fracking, will increase in the coming year.
Alternative Dispute Resolution
Get to know the inner life of arbitrators
By Robert S. Mann
Ask most lawyers what they know about arbitrators and they will tell you only one thing: "They split the baby." ...
Criminal, Construction, Constitutional Law
Criminal courts can do better in cases of mistaken arrest
By Robert L. Bastian Jr.
Both the 9th Circuit and California criminal courts can do better by persons mistakenly arrested on warrants meant for others.
Civil Litigation, Appellate Practice
Ruling provides guidance on notices of appeal
By Alana H. Rotter
Filing a notice of appeal on time is crucial. If you miss the deadline, the Court of Appeal will be required to dismiss the ap...
Administrative/Regulatory
Heartbleed hotel: managing Internet security flaws
By Mary Ellen Callahan
Earlier this month the world was taken by storm by "Heartbleed" - one of the most significant and widespread security flaws ev...
I was stunned when I learned that Ayaan Hirsi Ali was summarily disinvited to be Brandeis University's commencement speaker.
Intellectual Property
Right of publicity? First, let me take a selfie
By Ciara N. Mittan
"Oh, he wants to take a selfie," President Obama observed with amusement before gamely posing with Boston Red Sox designated h...