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...
Civil Rights, 9th U.S. Circuit Court of Appeals
Many victims of civil rights violations left without a remedy
By Erwin Chemerinsky
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
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...
When Lacy T. pursued her dream to become a cheerleader with the Oakland Raiders, little did she know it land her in the middle...
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
Ruling may lead to more lifetime bans on gun possession
By Michael J. Raphael
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
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...
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?
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
PAGA should reign as Gentry goes quietly into the night
By Eric B. Kingsley
The state Supreme Court convened in Los Angeles April 3 to hear arguments in Iskanian v. CLS Transportation, S204032. Based on...
A while back a lawyer wrote that "common sense" compelled victory on his motion. That's nice, I thought. So why had I bothered...
The Maryland House of Delegates recently passed a bill giving the state the power to condemn property belonging to the produce...
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
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
Tort liability options for the anti-vaccination movement
By Dorit Reiss
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
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?
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
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
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...
Does the First Amendment allow Baidu.com (China's version of Google) to censor political speech from its search results for us...