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Criminal

The 'rape myth': alive and well?

May 8, 2014
By Julie L. Kessler

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

Crawford v. Washington's interpretation of the Sixth Amendment's confrontation clause made quite a splash when first handed do...


Administrative/Regulatory

You can learn a lot about somebody from the movies and TV shows he or she watches. But under the Video Privacy Protection Act,...


Administrative/Regulatory

Airbnb isn't under attack just yet

May 7, 2014
By Andrew S. Azarmi

Recent headlines may make it seem like San Francisco City Attorney Dennis Herrara is preparing to wage war on short-term renta...


Government, Criminal

Does 'revenge porn' law pass muster?

May 7, 2014
By Mary Anne Franks

Any law regulating expressive activity - even malicious expressive activity - must be narrowly and carefully drafted so as not...


U.S. Supreme Court

"Even a dog," Justice Holmes famously wrote, "distinguishes between being stumbled over and being kicked." By Rory K. Little ...


Criminal

What about Sterling's privacy rights?

May 6, 2014
By Ara R. Jabagchourian

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

May 6, 2014
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...


Judges and Judiciary

Taming chaos

May 6, 2014
By Arthur Gilbert

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

May 3, 2014
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

MCLE
May 2, 2014
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

May 1, 2014
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'

May 1, 2014
By Charles S. Doskow

The U.S. high court recently heard oral arguments about an Ohio law that penalizes false statements about candidates. ...


Real Estate/Development

Who's really moving back to the big city?

Apr. 30, 2014
By Gideon Kanner

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

MCLE
Apr. 28, 2014
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

Apr. 29, 2014
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

Apr. 29, 2014
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

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

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

Apr. 25, 2014
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

Apr. 24, 2014
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

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

Apr. 23, 2014
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

Apr. 23, 2014
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

Apr. 19, 2014
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

Apr. 19, 2014
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

Apr. 19, 2014
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

Apr. 18, 2014
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...


Constitutional Law

More — not less — speech is needed

Apr. 17, 2014
By Julie L. Kessler

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

Apr. 17, 2014
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...