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U.S. Supreme Court, Criminal

Aiding and abetting ruling destined for case books

Mar. 20, 2014
By Michael J. Raphael

The U.S. high court recently issued an opinion explicating the elements of a federal aiding and abetting charge, providing the...


Environmental & Energy

Fracking ban will have consequences

Mar. 20, 2014
By Jeffrey Dintzer

A proposed ordinance in L.A., if drafted and adopted as currently approved, will have devastating effects on oil and gas produ...


Facts matter in rideshare cases

Mar. 19, 2014
By Robert W. Wood

In many cities, if you have a smartphone, you can summon a car in minutes via Uber, Sidecar or Lyft. But because these drivers...


Criminal

Choosing suicide over life imprisonment

Mar. 19, 2014
By Konrad Moore

Steven Dale Green was a soldier in the U.S. Army. At 19, he enlisted. After basic training, he was deployed to Iraq, where he ...


U.S. Supreme Court, Constitutional Law

The limit to free exercise rights

Mar. 19, 2014
By Erwin Chemerinsky

On March 25, the U.S. high court will hear two cases concerning whether it violates a corporation's right to free exercise to ...


Insurance

Ruling helps define scope of insurance brokers' duties

Mar. 18, 2014
By Hsiao C. Mao, Jonathan H. Yee

California courts have been struggling for years on the breadth of fiduciary duties owed by an insurance broker to insureds. ...


Labor/Employment

Simply put, discretionary clauses mean that the for-profit company responsible for paying benefits also decides whether it is ...


International Law

Stolen passport use exposes lax security

Mar. 13, 2014
By Julie L. Kessler

The world now knows that last weekend Malaysia Airlines Flight 370 went missing less than an hour after takeoff from the Malay...


Criminal

Is traffic justice for sale in California?

Mar. 12, 2014
By James P. Gray

The furnishing of a license plate frame that will allow all law enforcement officers to see that the automobile owner supports...


Government

To achieve civility in the current Senate, I respectfully propose the following. ...


Constitutional Law

Six problems with 'Six Californias' initiative

Mar. 12, 2014
By David A. Carrillo, Stephen M. Duvernay

California Secretary of State Debra Bowen recently qualified the "Six Californias" initiative for signature gathering, the fir...


Government, Environmental & Energy, Administrative/Regulatory

The EPA recently issued final regulations reducing the sulfur content of America's gasoline supply - perhaps Obama's most impo...


Constitutional Law

Lower courts sorting out decision in Heller

Mar. 8, 2014
By Charles S. Doskow

The Supreme Court decided Heller, stated broad constitutional principles, but left the lower courts, law enforcement and the p...


U.S. Supreme Court, Constitutional Law

Egg lawsuit may have legs

Mar. 8, 2014
By Calvin Massey

California has egg on its face, constitutionally speaking.


Alternative Dispute Resolution

Managing your dismissive and bully peers

Mar. 7, 2014
By Paul R. Fisher, Juli Adelman

Some attorneys are experts at derailing, manipulation, becoming indignant, making outrageous allegations and bringing up perso...


Intellectual Property

Who owns world's most famous selfie?

Mar. 7, 2014
By Dan D. Nabel

The most interesting question about Ellen's (or Bradley Cooper's?) selfie taken at the Oscars is whether it's even copyrightab...


U.S. Supreme Court, Environmental & Energy, Administrative/Regulatory

EPA's greenhouse gas regulations split high court

Mar. 6, 2014
By Nicki Carlsen, Geoff Rathgeber

Last month, a divided court heard oral argument on the agency's rules regulating greenhouse gas emissions from stationary sour...


Constitutional Law

Encryption issues under Fifth Amendment purview

Mar. 6, 2014
By Brian M. Hoffstadt

The Digital Revolution that gave us our laptops, tablets and GPS-enabled smartphones is poised to change the way law enforceme...


Criminal

The realities of today mean that public defender offices must adopt innovative strategies while exercising sound fiscal judgme...


U.S. Supreme Court, Criminal, Constitutional Law

On Monday, the U.S. high court granted certiorari in a case in which a litigant's right to a fair trial collides with the law'...


Letters

Re: "Restoring the Rule of Law in California," Feb. 25.


Judges and Judiciary

If a tree falls on you in the forest...

Mar. 4, 2014
By Arthur Gilbert

We must guard against writing opinions or briefs that suffer from these infirmities.


Law Practice, Ethics/Professional Responsibility

Legal malpractice: Show me the damage!

Mar. 1, 2014
By Kenneth C. Feldman, David D. Samani

An attorney should be able to argue that actual payment of an adverse judgment is a prerequisite because otherwise a plaintiff...


Administrative/Regulatory

Weed banking guidance: baby steps

Feb. 28, 2014
By Theodore F. Monroe, Bradley O. Cebeci

This month, the Obama administration issued new guidance for banks, purportedly clarifying how they can provide financial serv...


Appellate Practice

Common pitfalls of appellate practice

Feb. 27, 2014
By Robert J. Stumpf

If you only occasionally have an appeal and wish not to be caught off-guard, here are a few pitfalls to avoid. By Robert J. St...


Administrative/Regulatory

It's a date: your doctor, big pharmaceuticals

Feb. 26, 2014
By Julie L. Kessler

This week, because of a provision in the 2010 health care law, drug and device manufacturers began reporting virtually all pay...


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

Surging wave of data class actions

Feb. 26, 2014
By Ian C. Ballon

Defending putative data privacy and data security class actions today is more complex than in past years.


California Supreme Court

Restoring the rule of law in California

Feb. 25, 2014
By Mark S. Pulliam

Who should Gov. Brown pick to replace Justice Kennard? I have a suggestion, but first I want to make a few observations about ...


Constitutional Law

Tomorrow's leadership: discriminating against nonconformity

Feb. 24, 2014
By William J. Becker Jr.

It seems some parents simply do not want their children to aspire to leadership roles in life.


Government

Transparency is the new black

Feb. 24, 2014
By Nate Cardozo

Twitter was right to criticize the DOJ's settlement with Internet companies, saying the deal lacked in "meaningful or sufficie...