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Government

To achieve civility in the current Senate, I respectfully propose the following. ...


Constitutional Law

Six problems with 'Six Californias' initiative

Mar. 12, 2014
By David A. Carrillo, Stephen M. Duvernay

California Secretary of State Debra Bowen recently qualified the "Six Californias" initiative for signature gathering, the fir...


Government, Environmental & Energy, Administrative/Regulatory

The EPA recently issued final regulations reducing the sulfur content of America's gasoline supply - perhaps Obama's most impo...


Constitutional Law

Lower courts sorting out decision in Heller

Mar. 8, 2014
By Charles S. Doskow

The Supreme Court decided Heller, stated broad constitutional principles, but left the lower courts, law enforcement and the p...


U.S. Supreme Court, Constitutional Law

Egg lawsuit may have legs

Mar. 8, 2014
By Calvin Massey

California has egg on its face, constitutionally speaking.


Alternative Dispute Resolution

Managing your dismissive and bully peers

Mar. 7, 2014
By Paul R. Fisher, Juli Adelman

Some attorneys are experts at derailing, manipulation, becoming indignant, making outrageous allegations and bringing up perso...


Intellectual Property

Who owns world's most famous selfie?

Mar. 7, 2014
By Dan D. Nabel

The most interesting question about Ellen's (or Bradley Cooper's?) selfie taken at the Oscars is whether it's even copyrightab...


U.S. Supreme Court, Environmental & Energy, Administrative/Regulatory

EPA's greenhouse gas regulations split high court

Mar. 6, 2014
By Nicki Carlsen, Geoff Rathgeber

Last month, a divided court heard oral argument on the agency's rules regulating greenhouse gas emissions from stationary sour...


Constitutional Law

Encryption issues under Fifth Amendment purview

Mar. 6, 2014
By Brian M. Hoffstadt

The Digital Revolution that gave us our laptops, tablets and GPS-enabled smartphones is poised to change the way law enforceme...


Criminal

The realities of today mean that public defender offices must adopt innovative strategies while exercising sound fiscal judgme...


U.S. Supreme Court, Criminal, Constitutional Law

On Monday, the U.S. high court granted certiorari in a case in which a litigant's right to a fair trial collides with the law'...


Letters

Re: "Restoring the Rule of Law in California," Feb. 25.


Judges and Judiciary

If a tree falls on you in the forest...

Mar. 4, 2014
By Arthur Gilbert

We must guard against writing opinions or briefs that suffer from these infirmities.


Law Practice, Ethics/Professional Responsibility

Legal malpractice: Show me the damage!

Mar. 1, 2014
By Kenneth C. Feldman, David D. Samani

An attorney should be able to argue that actual payment of an adverse judgment is a prerequisite because otherwise a plaintiff...


Administrative/Regulatory

Weed banking guidance: baby steps

Feb. 28, 2014
By Theodore F. Monroe, Bradley O. Cebeci

This month, the Obama administration issued new guidance for banks, purportedly clarifying how they can provide financial serv...


Appellate Practice

Common pitfalls of appellate practice

Feb. 27, 2014
By Robert J. Stumpf

If you only occasionally have an appeal and wish not to be caught off-guard, here are a few pitfalls to avoid. By Robert J. St...


Administrative/Regulatory

It's a date: your doctor, big pharmaceuticals

Feb. 26, 2014
By Julie L. Kessler

This week, because of a provision in the 2010 health care law, drug and device manufacturers began reporting virtually all pay...


Civil Litigation, Constitutional Law, 9th U.S. Circuit Court of Appeals

Surging wave of data class actions

Feb. 26, 2014
By Ian C. Ballon

Defending putative data privacy and data security class actions today is more complex than in past years.


California Supreme Court

Restoring the rule of law in California

Feb. 25, 2014
By Mark S. Pulliam

Who should Gov. Brown pick to replace Justice Kennard? I have a suggestion, but first I want to make a few observations about ...


Constitutional Law

Tomorrow's leadership: discriminating against nonconformity

Feb. 24, 2014
By William J. Becker Jr.

It seems some parents simply do not want their children to aspire to leadership roles in life.


Government

Transparency is the new black

Feb. 24, 2014
By Nate Cardozo

Twitter was right to criticize the DOJ's settlement with Internet companies, saying the deal lacked in "meaningful or sufficie...


Civil Litigation

Judicial gatekeepers: the changing role of judicial officers and expert testimony

MCLE
Feb. 24, 2014
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

Feb. 21, 2014
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

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

Feb. 20, 2014
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

Feb. 20, 2014
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

Feb. 19, 2014
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

Feb. 19, 2014
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.


As tax season gets underway, many Americans are wondering how exactly companies like Google and Apple manage to reduce their t...


Administrative/Regulatory

Wake up call for mobile app developers

Feb. 15, 2014
By John F. Stephens

Mobile applications developers need to have a frank discussion about privacy with their users, and figure out what degree of u...