Civil Litigation
Judicial gatekeepers: the changing role of judicial officers and expert testimony
By Mark E. Windham, Eamon McMahon
Several recent California decisions have reshaped the role of judicial officers in determining the admissibility of expert tes...
Ethics/Professional Responsibility
Ethical lawyering is effective lawyering
By James P. Gray
Ethical behavior is almost always more effective in arriving at the right result with less time and money being spent.
Labor/Employment, Government, Constitutional Law
Can we eliminate the 'California rule' for public-employee pensions?
By Alexander Volokh
The goal is to treat pension benefits just like other aspects of compensation: as something earned over time and not protected...
Government, Civil Rights, Administrative/Regulatory
Unisex facilities legislation goes too far
By Mark S. Pulliam
Lawmakers misread the public when they passed AB 1266, the bill mandating that public school facilities, including bathrooms, ...
Civil Litigation, California Supreme Court, California Courts of Appeal
Third-party lienors discoverable in bodily injury cases
By Craig A. Roeb, David Weinberger
A recent decision gives guidance to tort litigants during discovery when seeking evidence of the reasonable value of medical e...
International Law, Constitutional Law
Controversial books meet different fates
By Julie L. Kessler
Germany will be reprinting "Mein Kampf" soon; meanwhile, Penguin Books India has agreed as part of a legal settlement to recal...
U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals
Concealed weapon ruling ignores US high court precedent
By Erwin Chemerinsky
No Supreme Court case ever has found or even implied that the Second Amendment includes a right to carry a concealed weapon.
Double Irish Dutch Sandwich: on the menu, for now
By Robert W. Wood
As tax season gets underway, many Americans are wondering how exactly companies like Google and Apple manage to reduce their t...
Mobile applications developers need to have a frank discussion about privacy with their users, and figure out what degree of u...
The Treasury Department reported that during 2013, 2,999 Americans renounced their U.S. citizenship or turned in their green c...
The fact of the matter is that an image of a California mission bearing a cross is historically accurate. ...
Alternative Dispute Resolution
In mediation, check your ego at the door
By Robert S. Mann
Of the many and varied reasons why mediation does not succeed, ego, whether that of the lawyers, the parties or the experts, i...
International Law
Addressing India's epidemic of violence towards women
By Julie L. Kessler
This issue first really came to world attention during the past year and has tarnished India's reputation as a tourist destina...
Intellectual Property, Entertainment & Sports, 9th U.S. Circuit Court of Appeals
Post-mortem publicity rights phoenix rising
By Douglas E. Mirell
The 9th Circuit has just delivered at least a limited new year's present to those holding the post-mortem publicity rights of ...
U.S. Supreme Court, Intellectual Property, 9th U.S. Circuit Court of Appeals
Waiting to say 'mine!'
By Andrew J. Thomas, Samuel D. Green
What happens if an infringement action accrued recently but the related ownership dispute arose more than three years ago? By ...
Lawyers, judges, servers and waiters, oh my.
The recess appointments case heard by the U.S. high court recently could end up as a major separation of powers decision limit...
State Bar & Bar Associations, Ethics/Professional Responsibility
It's that time of year: MCLE is due
By Diane L. Karpman
If you lack all the required units there is a fine, but that is nothing compared to the situation you could be in if you claim...
Civil Rights
San Francisco housing squeeze disparately impacts African-Americans
By Daniel Everett
While many groups have been affected, it is now well established that the city's African-American population has borne the bru...
Why hasn't the government charged many executives at corporations that have committed crimes in recent years? ...
'Kaepernicking' all the way to the bank
By Robert W. Wood
The patent office shows six registration applications for the 49er quarterback's signature move. ...
International Law, Constitutional Law
Hitler manifesto cleared for republication
By Julie L. Kessler
It seems "Mein Kampf" is shortly to be republished in Germany for the first time since World War II. ...
Insurance, California Supreme Court, California Courts of Appeal
Notable insurance coverage decisions from 2013
By Kirk A. Pasich
Last year California courts rendered a variety of important decisions regarding insurance issues. ...
A new case illustrates how hard it is becoming to protect product shapes, despite no less than three different intellectual pr...
The objective of this article and self-study test is to review the source of commissioners' powers.
So how should you go into an appellate oral argument? By David M. Axelrad ...
Neutral data to derail discriminatory damage awards
By Brian S. Kabateck, Levi M. Plesset
By limiting a plaintiff's damages awards based upon race and gender, courts are institutionalizing discrimination.
Law Practice, Ethics/Professional Responsibility
2013 year in review: notable decisions affecting lawyers, Part 2
By Kenneth C. Feldman, Alex A. Graft
In Part 2 of this two-part series, we review several cases affecting legal malpractice claims, conflict cases, and other claim...
Special Coverage, Administrative/Regulatory
What 2013 tells us about government enforcement in 2014
By Robb C. Adkins, Kimberly S. Morris
The past year proved to be an eventful one in terms of government enforcement, in particular for financial institutions and co...
Securities, Administrative/Regulatory
$14 million whistle-blower game changer
By Thomas A. Zaccaro, Eleanor K. Mercado
In October 2013, the SEC announced the largest whistle-blower award yet since launching its whistle-blower program in 2011. ...