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Civil Rights

Preference Principle

Feb. 21, 2001
By Erwin Chemerinsky

Ultimately, the conflict between the circuits must be resolved by the Supreme Court. But no case to do so is on the docket for...

Health Care & Hospital Law

During the recent presidential campaign, both candidates feared to venture into the controversial waters of children's health ...


Corrections Tries to Evade Financial Responsibility

Feb. 6, 2001
By Robert L. Bastian Jr.

The California Department of Corrections is playing three sides of the same coin in its effort to evade financial responsibili...

Judges and Judiciary

Judicial Power Outage

Feb. 6, 2001
By Arthur Gilbert

Power is like an egg white; it so easily slips through your fingers. For me, the attempt to make an egg white omelet brings ho...

Constitutional Law

Breaking Language Barriers

Jan. 30, 2001
By Sean Carter

Surprise, surprise! The state of Alabama finds itself in the midst of another civil rights battle. And once again, the state o...


Wrong Target

Jan. 27, 2001

Professor Erwin Chemerinsky, in his Daily Journal article ("Righteous Reform," Forum, Nov. 17), discussed what he perceived to...

Constitutional Law

Voucher Violation

Jan. 20, 2001
By Erwin Chemerinsky

For decades, the Supreme Court has struggled to delineate when aid to parochial schools is allowed and when it is impermissibl...

Constitutional Law

Rehnquist Bashes Ballot Box

Jan. 19, 2001
By David A. Lash

Although the majority of the U.S. Supreme Court in Bush v. Gore limited its decision to equal protection grounds, it is imposs...

International Law, Government

Straits of Ignorance

Jan. 11, 2001
By William Slomanson

Recently, I was invited to Cuba to do a Web presentation for a joint conference hosted by Cuba's National Union of Cuban Juris...

Constitutional Law

A Nation Divided

Dec. 27, 2000
By John C. Eastman

It's Christmas time. The monthlong ordeal in Florida is behind us. The presidential electors cast their votes without the "fai...

Constitutional Law

Double Standard

Dec. 21, 2000
By Mark S. Pulliam

For five long weeks after the Nov. 7 election was - or should have been - concluded, the nation was paralyzed by an unpreceden...

Constitutional Law

Less Volatile

Dec. 20, 2000
By Erwin Chemerinsky

Unlike last year, there are few high-profile cases that touch on highly controversial political issues. ...

Judges and Judiciary

Uneasy Uncertainties

Dec. 6, 2000
By Arthur Gilbert

It was a bright clear Monday morning at the end of October, and my drive up the coast highway to the court in Ventura was exhi...

Judges and Judiciary

Court Battle

Dec. 4, 2000
By Erwin Chemerinsky

The Florida Supreme Court's decision allowing the hand recounts of votes is unquestionably correct.

Ethics/Professional Responsibility

Ethics En Masse

Dec. 2, 2000
By Deborah R. Rosenthal

While attorneys and legislators ponder the issue of class-action abuse and whether the problems are so widespread that reform ...

Civil Rights

Legal Protests

Nov. 28, 2000
By Stephen F. Rohde

Access to justice through independent tribunals has been a hallmark of the American system. It ensures that governmental offic...


Righteous Reform

Nov. 18, 2000
By Erwin Chemerinsky

Misconduct by Los Angeles police officers is nothing new. Although the vast majority of officers are honest and conscientious,...

Intellectual Property

Competitive Edge

Nov. 18, 2000
By Jonathan Arnold

Trade secrets - whether in the form of a useful formula, a manufacturing process, a machine pattern, a device or a list of cus...

Law Practice

Restoring Respect and Dignity

Nov. 17, 2000
By David A. Lash

Given the horrific magnitude of all that occurred during the Holocaust era, what ultimate justice can there ever truly be? No ...

Environmental & Energy, Administrative/Regulatory

School Haze

Nov. 11, 2000
By Maureen F. Gorsen

By now, no citizen of Los Angeles could have missed the recurring charges, headlined in the press, about the failure to addres...

Health Care & Hospital Law

Medical Coverage Nightmare

Oct. 20, 2000
By David A. Lash

In order to save the poor from the tragedy of a health care crisis, the catalyst of a catastrophe may be what is required to b...

Constitutional Law


Oct. 18, 2000
By Erwin Chemerinsky

The U.S. Supreme Court has five new Fourth Amendment cases on its docket. ...

Appellate Practice

Illusory Fortress

Oct. 10, 2000
By James C. Martin , Benjamin G. Shatz

Imagine a prevailing appellant, flushed with victory, returning to the trial court to see justice done on the second go-round....

Affirmative Action Abolition

Oct. 6, 2000
By Harold E. Johnson

Hopefully, the California Supreme Court will render it unnecessary to amend Proposition 209 with the words, "We really mean it...


Author and noted former district attorney prosecutor Vincent Bugliosi wrote after the release of findings and 129 recommendati...

Judges and Judiciary

Goodbye to a Good Friend

Oct. 3, 2000
By Arthur Gilbert

In April of 1991, I wrote a goodbye column about my dear friend and colleague Justice Richard Abbe who had just retired from D...

Judges and Judiciary

Ceremonial Civilities

Sep. 30, 2000
By Douglas G. Carnahan

Although it's not a court day, it ill behooves a judge to follow the wedding party to the reception and act like a clown. ...

Constitutional Law

Open Season

Sep. 23, 2000
By Erwin Chemerinsky

In Boy Scouts of America v. Dale, 120 S.Ct. 2446 (2000), the U.S. Supreme Court opened the door to greater discrimination base...

U.S. Supreme Court, Criminal, Constitutional Law, Civil Rights

Justice Bound

Sep. 7, 2000
By Hugh R. Manes

Republicans have used their control of the U.S. Senate to defeat, curb and delay President Bill Clinton's judicial appointment...

Constitutional Law

Prayer Ban Scam

Aug. 31, 2000

By James Shankles. The point-counterpoint between Jay Sekulow and Erwin Chemerinsky, "Prayer Policy" (Forum, Aug. 7), on the E...