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Law Practice

Judging Books by Covers

Jun. 5, 2001
By Arthur Gilbert

Books are beneficial. They are used as doorstops, paperweights, steps (to reach other books on high shelves), projectiles (to ...


Criminal

Moving Violation

May 18, 2001
By Erwin Chemerinsky

At a time when scandals like Rampart show the need for controlling the police, the U.S. Supreme Court's decision in Atwater v....



Law Practice

Los Angeles is about to elect a mayor, only the third in the last 27 years. And though largely ignored by the major news outle...


Construction

Direct Pipeline

Apr. 26, 2001
By Paul R. Kiesel

In April 1999, my firm was brought in as plaintiffs' trial counsel in a construction defect case involving the manufacture, in...



Judges and Judiciary

Crystal Clear

Apr. 20, 2001
By Daniel U. Smith

Certain appellate judges have recently changed their writing style. They are removing case citations from the text and putting...


Law Practice

If history is to judge us by how we treat our most vulnerable, including the poor, the children and the elderly, then so too m...



Constitutional Law

Local Position

Apr. 17, 2001
By Erwin Chemerinsky

One of the most dramatic changes in the law in recent years has been the U.S. Supreme Court's significant expansion in state s...


Appellate Practice

Dual Action

Apr. 5, 2001
By James C. Martin , Benjamin G. Shatz

As 'Franklin' and 'Natural Resources' make clear, an appeal does not absolutely foreclose further proceedings in the trial cou...



Ethics/Professional Responsibility, Discipline

Discipline Needs Its Deadlines

Apr. 5, 2001
By Diane L. Karpman

In 1993, the state Legislature passed a bill that would have added a statute of limitations to the State Bar Act. The proposed...


Judges and Judiciary

Not a Drop to Drink

Apr. 3, 2001
By Arthur Gilbert

Almost daily I am asked about being a PJ. How does it feel? What does it mean? How are you bearing up under the weight of this...



California Supreme Court

Arguments against effective anti-poverty programs are often thinly disguised as supposed policy statements. For instance, in "...


Judges and Judiciary

JURIST DOCTORING

Mar. 30, 2001
By Erwin Chemerinsky

President George W. Bush's announcement that he no longer will have the American Bar Association evaluate judicial nominees is...



Civil Litigation

Complex Interplay

Mar. 28, 2001
By Christopher Van Gundy

The first question in litigation against a foreign defendant will be whether service over the defendant abroad was effected pr...


Constitutional Law

See No Evil

Mar. 24, 2001
By Erwin Chemerinsky

On Feb. 21, the U.S. Supreme Court held that state governments may not be sued for employment discrimination against the disab...



Alternative Dispute Resolution

Come Together

Mar. 10, 2001
By Lawrence Waddington

Classwide arbitration has been endorsed by both the California and federal courts. ...


Judges and Judiciary

Life Isn't All About 'Getting It'

Mar. 6, 2001
By Arthur Gilbert

My wife confronted me at breakfast the other morning. "Last night I had a nightmare," she said. "I dreamed I was you." ...



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 ...



Criminal

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...


Criminal

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.