To achieve civility in the current Senate, I respectfully propose the following. ...
Constitutional Law
Six problems with 'Six Californias' initiative
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
Clean gas regulations will produce dramatic benefits
By Richard M. Frank
The EPA recently issued final regulations reducing the sulfur content of America's gasoline supply - perhaps Obama's most impo...
The Supreme Court decided Heller, stated broad constitutional principles, but left the lower courts, law enforcement and the p...
California has egg on its face, constitutionally speaking.
Alternative Dispute Resolution
Managing your dismissive and bully peers
By Paul R. Fisher, Juli Adelman
Some attorneys are experts at derailing, manipulation, becoming indignant, making outrageous allegations and bringing up perso...
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
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
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...
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
Precedent allowing juror testimony to be tested at high court
By Michael J. Raphael
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'...
Re: "Restoring the Rule of Law in California," Feb. 25.
We must guard against writing opinions or briefs that suffer from these infirmities.
Law Practice, Ethics/Professional Responsibility
Legal malpractice: Show me the damage!
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
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...
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
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
By Ian C. Ballon
Defending putative data privacy and data security class actions today is more complex than in past years.
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
By William J. Becker Jr.
It seems some parents simply do not want their children to aspire to leadership roles in life.
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
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
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
Can we eliminate the 'California rule' for public-employee pensions?
By Alexander Volokh
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
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
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
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
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.
Double Irish Dutch Sandwich: on the menu, for now
By Robert W. Wood
As tax season gets underway, many Americans are wondering how exactly companies like Google and Apple manage to reduce their t...
Mobile applications developers need to have a frank discussion about privacy with their users, and figure out what degree of u...
