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Law Practice

What does age got to do with it?

Feb. 5, 2013
By Arthur Gilbert

I admit I am sensitive about the "age thing."


Criminal

In a closely-divided decision, the Supreme Court held that a conviction for transporting marijuana did not require proof the d...


Civil Litigation

Where can we look for protection of potential intrusion on our individual privacy through unauthorized access to personal elec...


U.S. Supreme Court, Government, Civil Rights

When public officials choose to ignore duly enacted laws

Jan. 31, 2013
By Lawrence Waddington

In both same-sex marriage cases before the high court, the respective state and federal attorneys general refused to defend in...


U.S. Supreme Court, Constitutional Law

Smoldering embers in Belfast may soon reach US justices

Jan. 26, 2013
By M.C. Sungaila, John M. DeStefano

The U.S. Supreme Court will soon decide whether to hear a different controversy arising from the Troubles, Moloney v. United S...


U.S. Supreme Court, Constitutional Law

In some cases federal law has impacted aspects of a marriage relationship, but the court still adheres to the rule that the "w...


Law Practice

Another look at the source of rampage violence

Jan. 24, 2013
By Timothy A. Tosta

Treat this alternative view of rampage violence as a hypothetical. What if rampage violence is the result of "narrative failur...


Environmental & Energy

US government cannot escape liability under CERCLA

Jan. 24, 2013
By Jeffrey Dintzer

While the government has often gone after parties that it has contracted with, a recent opinion shows that it can face substan...


Labor/Employment, Constitutional Law, California Supreme Court

Ralphs: not just a labor dispute

Jan. 23, 2013
By Gideon Kanner

Does the freedom of expression trump property rights?


International Law, Family

International divorces rising

Jan. 19, 2013
By Evie P. Jeang

Since the world has become a smaller place due to the Internet and the ease of international travel, the number of transnation...


Labor/Employment

Slew of new employment laws hit the books in 2013

Jan. 19, 2013
By Arthur F. Silbergeld, Jennifer A. Awrey

Employers should pay attention to the following bills signed by Gov. Jerry Brown that go into effect in 2013. ...


Insurance

Look back at 2012's insurance decisions

Jan. 17, 2013
By Kirk A. Pasich

In 2012, California appellate courts once again issued a number of decisions establishing or confirming important insurance pr...


Family, Administrative/Regulatory

A Kansas man who answered a Craigslist ad soliciting a sperm donor for a lesbian couple has found himself embroiled in a novel...


Real Estate/Development, Government, Administrative/Regulatory

2012 eminent domain year in review

Jan. 16, 2013
By Bradford B. Kuhn, Rick E. Rayl

Last year federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure...


Constitutional Law

Reparative therapy ban passes muster

Jan. 16, 2013
By Erwin Chemerinsky

California's recently enacted law, Senate Bill 1172, which prohibits "therapy" aimed at changing a child's sexual orientation,...


Law Practice

Juries and jars of jelly beans

Jan. 15, 2013
By Matthew D. Umhofer

An expirement: Put a bunch of jelly beans in a jar and invite your co-workers to guess away, and you'll find that the crowd be...


Alternative Dispute Resolution

If you can't fit your case into a story, you might want to reconsider the strength of your position because without a good sto...


U.S. Supreme Court, Constitutional Law

If the case is dismissed and the lower court's opinion stands, would the judgment enjoin the enforcement of Prop. 8 for anyone...


Law Practice

Escape to an alternate universe

Jan. 8, 2013
By Arthur Gilbert

Lawyers who yearn for a satisfying professional life are often chagrined to find that the practice of law is not at all what t...


Tax

Unpacking the fiscal cliff deal, for lawyers

Jan. 5, 2013
By Robert W. Wood

Now that it's 2013 and the fiscal cliff debacle seems at least temporarily behind us, what do lawyers and their clients need t...


Civil Litigation

The governor approved a bill that apparently never saw the light of advance public scrutiny, eliminating application of the he...


Civil Litigation, Intellectual Property, Entertainment & Sports

Dispute between game makers gets messy

Jan. 4, 2013
By Dan D. Nabel

Just like the rest of the entertainment industry, the world of free-to-play gaming is not without its dark, seedy underbelly. ...


Law Practice

Finding success in the absence of victory

Jan. 4, 2013
By Jon B. Eisenberg

Seven years and 3,000 non-billable hours ago, I joined a handful of public-spirited lawyers as counsel for the plaintiffs in A...


Labor/Employment

Slew of new employment laws to hit the books in 2013

Jan. 3, 2013
By Arthur F. Silbergeld, Jennifer A. Awrey

Employers should pay attention to the following bills signed by Gov. Jerry Brown that go into effect in 2013. ...


Criminal

2012 criminal cases, a look back

Dec. 29, 2012
By Louis J. Shapiro

2011 was the year of captivating criminal cases. We had Dr. Conrad Murray, Casey Anthony and Lindsay Lohan to name a few. 2012...


Minkler v. Safeco Ins. Co. of America unanimously declared that the "existence of a material ambiguity in the terms of an insu...


A rent-to-own computer spying case

Dec. 22, 2012
By Brian S. Kabateck

The Federal Trade Commission, which has a duty to prevent anticompetitive, deceptive or unfair business practices, filed charg...


Labor/Employment

While Brinker received the most attention, it was not the only pro-employer decision that was handed down this year. By...


U.S. Supreme Court, Constitutional Law

In both cases in which review was granted, there are difficult jurisdictional questions that may keep the court from reaching ...


Tax

Distinguish purely personal from investment expenses. Legal fees paid to help the client's business reputation could be busine...