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Civil Rights, 9th U.S. Circuit Court of Appeals

The victims of civil rights violations often can recover for their injuries only by suing the government officers responsible,...


Get ready to report your bitcoins to the IRS

Apr. 16, 2014
By Robert W. Wood

In March, the IRS issued a bevy of questions and answers about digital currencies like bitcoin. The biggest news is that it is...


Labor/Employment

Raiderette contract is nothing to cheer for

Apr. 15, 2014
By Charlotte Fishman

When Lacy T. pursued her dream to become a cheerleader with the Oakland Raiders, little did she know it land her in the middle...


Law Practice

Never miss a call, text or email again

Apr. 12, 2014
By Paul R. Kiesel

So what product am I talking about? Only the product of the most successful Kickstarter campaign to date - the Pebble Smartwat...


U.S. Supreme Court, Criminal, Constitutional Law

A recent opinion by the U.S. high court may significantly expand the class of Californians prohibited for life from possessing...


Intellectual Property

Properly pleading inventorship disputes in federal court

Apr. 10, 2014
By Craig E. Countryman, Kevin E. Kantharia

Recently, the Federal Circuit highlighted the importance of pleading sufficient facts to establish a federal court's subject m...


Intellectual Property

Aereo doomed by copyright's 'lost ark'?

Apr. 10, 2014
By Peter S. Menell

Given the Copyright Act drafters' intentions, it's hard not to see Aereo's service falling comfortably within their conception...


U.S. Supreme Court, Constitutional Law

Thomas alone on campaign finance?

Apr. 9, 2014
By Richard L. Hasen

It was somewhat of a surprise last week when Thomas wrote only for himself in the McCutcheon campaign finance case.


U.S. Supreme Court, Labor/Employment, California Supreme Court

The state Supreme Court convened in Los Angeles April 3 to hear arguments in Iskanian v. CLS Transportation, S204032. Based on...


Judges and Judiciary

The temptation of common sense

Apr. 8, 2014
By Curtis E.A. Karnow

A while back a lawyer wrote that "common sense" compelled victory on his motion. That's nice, I thought. So why had I bothered...


Constitutional Law

Maryland folds on eminent domain threat

Apr. 8, 2014
By Ilya Somin

The Maryland House of Delegates recently passed a bill giving the state the power to condemn property belonging to the produce...


Judges and Judiciary

Cry me a river

Apr. 8, 2014
By Arthur Gilbert

Despite the problematic and indeterminate nature of words, we can discern with a high degree of certainty the meaning of Ci...


Alternative Dispute Resolution

Control your modulus of elasticity in mediation

Apr. 5, 2014
By Robert S. Mann

In a trial, as in pole vaulting, there's enormous complexity and rarely a perfect application of force. ...


Civil Litigation, Health Care & Hospital Law, Administrative/Regulatory

To date in 2014, 49 people in California have been diagnosed with measles, a vaccine-preventable disease.


Law Practice, Entertainment & Sports

What lawyers can learn from Vin Scully

Apr. 5, 2014
By Michael M. Maddigan

When Vin Scully first took his seat in the Dodger broadcast booth, current Chief Justice John Roberts was not even born.


Law Practice, Ethics/Professional Responsibility, State Bar & Bar Associations

To audit or not to audit?

Apr. 5, 2014
By Patrick M. Kelly

The State Bar is considering joining those states that audit lawyer trust accounts.


Plaintiffs' firm pickle after ruling reviving old claims

Apr. 3, 2014
By Brian S. Kabateck, Levi M. Plesset

The Court of Appeal recently broke new ground by expanding the (delayed) discovery rule in a manner which will likely leave la...


Government, Administrative/Regulatory

Neutrality decision could empower FCC

Apr. 3, 2014
By Bennett L. Ross

The reaction to Verizon v. FCC has been fairly predictable; largely missed is how the decision may expand the FCC's pow...


Constitutional Law

Search engine censorship and free speech

Apr. 3, 2014
By Dan D. Nabel

Does the First Amendment allow Baidu.com (China's version of Google) to censor political speech from its search results for us...


Health Care & Hospital Law, Administrative/Regulatory

Limiting vaccine exemptions benefits all

Mar. 29, 2014
By Dorit Reiss

Measles is back. And as of January, a parent must obtain the signature of a health practitioner to claim an exemption from vac...


U.S. Supreme Court, Law Practice

"Anita" bears no message of hostility towards the justice. Rather, it conveys a message of redemption, resurrection and hope. ...


Judges and Judiciary

The scope of commissioners' powers

MCLE
Mar. 28, 2014
By Maria Theresa Jauregui

Earn MCLE reviewing in which situations a commissioner may act absent a stipulation and in which situations there must be a st...


The pride and progressivism cheered by many liberals in the marijuana debate is routinely derided and decried in discussions r...


Law Practice

The two D'Amicos: appellate split on summary judgment

Mar. 28, 2014
By Zareh Jaltorossian, David J. de Jesus

In most cases, the standards governing summary judgment are clear and heavily favor the party opposing the motion. By Zareh Ja...


Law Practice

Lawyers lead the way to combat poverty

Mar. 28, 2014
By David A. Lash

The modern pro bono movement has done more to combat poverty in this country than has any other effort or program. By David A....


For years, courts have been grappling with when an insurer must provide a defense for an additional insured. ...


Intellectual Property

The Alexandrian solution to copyright reform

Mar. 27, 2014
By Corey Field

Let the slogan of copyright reform be: "Authors. Nothing Else Matters."


Labor/Employment

Sexual harassment claims in the electronic workspace

Mar. 25, 2014
By Arthur F. Silbergeld, Jennifer A. Awrey

Almost every employer in California has adopted a policy aimed at preventing sexual harassment in the physical workplace, but ...


U.S. Supreme Court, Constitutional Law, Books

The winding road to McCutcheon and beyond

Mar. 22, 2014
By Ronald K.L. Collins, David M. Skover

In "When Money Speaks," Ronald Collins and David Skover provide an engaging, incisive account of McCutcheon v. Federal Elec...


Real Estate/Development, Government, Administrative/Regulatory

Proposal may help cities finance projects

Mar. 22, 2014
By Seth Merewitz, Jake Vollebregt

Infrastructure financing districts are receiving a lot of attention in Sacramento, and around the state.