Letters, Health Care & Hospital Law, Government, Constitutional Law
When it comes to constitutional interpretation — it’s always political
By Michael H. Leb
A reader responds to "Health care law should be upheld." ...
Civil Litigation
E-Discovery: Delay in filing motion for spoliation sanctions could leave moving party at starting gate
By A. Marco Turk
It's better to file motions for spoliation sanctions during, rather than after, the discovery phase. ...
How insureds can push back when insurers overstep their boundaries in legal disputes.
Health Care & Hospital Law, Government, Constitutional Law
Health care law should be upheld
By Erwin Chemerinsky
As a matter of established law, the individual health care mandate is clearly constitutional.
Civil Litigation, 9th U.S. Circuit Court of Appeals
9th Circuit says no to 'picking off’ class members
By Eric B. Kingsley
Big news for the plaintiffs' bar that levels the playing field and ensures a fair fight.
Another scandal for reproductive law--is it time to stop the commercial baby-making?
Civil Litigation, Law Practice, Ethics/Professional Responsibility
Professional tools for litigators: results with diplomacy
By James P. Gray
How to respond when you feel that your trial judge is adversely affecting your ability to try your case effectively.
Civil Litigation
E-Discovery: Orwellian world (and more) arrives for lawyers and their clients
By A. Marco Turk
Newly developed e-discovery software seeks to monitor and interpret human behavior. ...
California passes the newest and toughest law on state sales and use taxes. ...
When it comes to indemnity agreements, we're stuck with terms that the courts have been telling us for decades to stop using. ...
Civil Litigation
The final word on mediation confidentiality in California
By A. Marco Turk
Now that the issue of mediation confidentiality is settled, how can mediators, counsel and parties protect themselves? ...
Judges and Judiciary
Time on my hands: The illusion of absolute certainty
By Arthur Gilbert
What the law allows or disallows is all about educated guesses. ...
Intellectual Property
Swimming in the deep end: Grooveshark faces new copyright lawsuit
By Nickolas B. Solish
Grooveshark.com, an online music streaming Web site, becomes bait for copyright music companies yet again.
Civil Litigation, Insurance
Hold your horseplay: Recent ruling not a victory for insurers
By Linda D. Kornfeld, Jerold Oshinsky
The debate continues between insurance companies and policyholders over what is an accident or occurrence. By Linda Kornfeld, ...
Books
Inheritance disputes: It’s not always about greed
Contrary to popular belief, money is not the central reason behind inheritance disputes between family members. By Mark Accet...
Feeling an increase in job dissatisfaction? Here's a new way to escape the gloom. ...
Government, Civil Rights
Getting away with torture: the ill-treatment of detainees
By Stephen F. Rohde
A Human Rights Watch report on torture calls for criminal investigations of several members of the Bush administration. ...
Labor/Employment
Courts are split in defining what constitutes same-sex harassment
By Thomas L. Dorogi
A recent appellate decision on same-sex harassment may be a potential victory for employers defending these claims under state...
U.S. Supreme Court, Constitutional Law
Procedural protections of the Sixth Amendment: The means to an end, or an end in themselves?
By Brian M. Hoffstadt
The U.S. Supreme Court faces an assortment of Sixth Amendment issues in its next term.
Transportation, Government
The road to 'Carmageddon': Residents up in arms
By Gideon Kanner
Take a trip down memory lane on highway construction and maintenance, and residents that get in the way. ...
U.S. Supreme Court, Labor/Employment
Arbitrations may not kill class actions after all
By Eric B. Kingsley
With individual arbitration agreements to become the new way of the world, the 2nd District changed the whole dynamic with one...
Criminal
The Casey Anthony verdict: Important lessons for civil attorneys
By Bruce G. Fagel
Whether or not Casey Anthony got away with murder, the greater concern is the perception that the jury got it wrong. ...
Ethics/Professional Responsibility
E-Discovery: Dangers of shifting burden of document review to outside service providers
By A. Marco Turk
A large prominent law firm proves to be more vulnerable than they might have thought possible. ...
U.S. Supreme Court, Administrative/Regulatory
Will a landmark ruling on broadcast indecency be destroyed by the f-bomb?
By John F. Stephens
The U.S. Supreme Court will consider whether to overturn its landmark 1978 ruling on indecency, FCC v. Pacifica Foundation.
U.S. Supreme Court, Constitutional Law
Protecting the rich in the election system
By Erwin Chemerinsky
The U.S. Supreme Court conservative majority makes clear their desire to protect the influence of the wealthy in the election ...
The capture of a Somali citizen by the U.S. government on terrorist charges spotlights the dangers of hidden detention. ...
U.S. Supreme Court, Criminal, 9th U.S. Circuit Court of Appeals
The Reason Behind the 9th Circuit's High Reversal Record
By Lawrence Waddington
The U.S. Supreme Court rejects the 9th Circuit's relentless evasion of the Anti-Terrorism and Effective Death Penalty Act. ...
Law Practice, Ethics/Professional Responsibility
A scarlet letter - interim suspension following a criminal conviction
By Diane L. Karpman
The State Bar's imposition of an interim suspension can effectively put an attorney out of business. ...
Judges and Judiciary
On Another Note: A Justice's Lament Over Judicial Restraint
By Arthur Gilbert
The delicate balance between judicial restraint and First Amendment rights. ...
Books, Appellate Practice
Successfully Protect Your Case at the Trial Court Level
By Donna Bader
Understanding the role of attorneys in the appellate process is the first step to protecting your case at the trial court level.