Constitutional Law
The Stolen Valor Act: Is policing honesty the best policy?
By Andrew J. Thomas
Do you have a First Amendment right to tell lies about yourself?
The latest installment in litigation against Philip Morris USA may open the door for a ratio in excess of 10:1.
A reader responds to comments about the Daily Journal's "Top 100 Lawyers" list.
The issue of cameras in the U.S. Supreme Court reemerges as oral arguments over the Affordable Care Act approach. By Erwin Che...
Is class warfare inherently objectionable, and are the wealthy truly the engine of America's economy?
Health Care & Hospital Law
Using tort reform as an excuse: Why health care cannot be reformed
By Bruce G. Fagel
When it comes to improving patient safety, the health care industry is at a loss.
Senate passes controversial funding bill, taking military detention to a new level.
Has the penny outgrown it's worth?
Can the past offer useful lessons for the present - or is it all tainted by nostalgia?
Like it or not, e-discovery is here to stay.
Law Practice
Habitual perfection hurts: When 'good enough’ is better than 'perfect’
By Timothy A. Tosta
Perfection is a concept that humans simply made up ...
Criminal
A criminal defendant’s pre-trial right to discovery: constitutional or not?
By Brian M. Hoffstadt
Courts take a divided view on what is the source of a criminal defendant's right to discovery. ...
Law Practice, Ethics/Professional Responsibility
How a case moves from investigation to discipline at the State Bar
By Diane L. Karpman
What you can expect if asked to appear before the State Bar Court. ...
Litigation & Arbitration, U.S. Supreme Court, Alternative Dispute Resolution
Justices create judicial conundrum for state courts
By Lawrence Waddington
The U.S. Supreme Court's endorsement of arbitration causes another snag for state court judges. ...
Law Practice, Ethics/Professional Responsibility
How a case moves from investigation to discipline at the State Bar
By Diane L. Karpman
An inside look at the Office of the Chief Trial Counsel's prosecution process.
There's plenty of agreement over what should be done, but what we need is big idea that will really shake us up. By David A. L...
Civil Litigation, Labor/Employment, California Supreme Court
There's more at stake in Brinker: How the decision can impact class action litigation
By Curtis A. Graham
The justices may use Brinker to articulate and underscore California procedure. ...
It is the judicial role to provide a remedy for constitutional violations. By Erwin Chemerinsky of UC Irvine, School of Law ...
Law Practice, Ethics/Professional Responsibility
How a case moves from investigation to discipline at the State Bar
By Diane L. Karpman
There are four categories of events that will cause problems with the State Bar.
An all-or-nothing approach is not the way to address life, or the law.
Civil Litigation
Repose in cyberspace: the single publication rule online
By Andrew J. Thomas
It may be up to the Legislature to offer Internet publishers some peace of mind when it comes to republishing online content.
Labor/Employment, California Supreme Court
The end of an era: Meal break case finally heard by state Supreme Court
By Eric B. Kingsley
A review of oral argument in Brinker Restaurant Corp. from inside the state Supreme Court.
Health Care & Hospital Law, Criminal
The verdict is in: Lessons learned from the Michael Jackson trial
By Bruce G. Fagel
Dr. Conrad Murray's attorneys ran with a classic defense straight out of the medical malpractice playbook. ...
Anyone who doesn't believe in the ultimate power of well-educated youth doesn't see the future of our country. By David A. Las...
The 'Top 100' phenomena - does it do the profession more harm than good? ...
Civil Litigation
E-Discovery: Inadvertent production gets Google in trouble
By A. Marco Turk
An online database accidentally discloses an internal email to the other party. ...
When an insured is sued and notifies its insurer, how should the insurer respond?
Letters, Labor/Employment
The demise of employer-provided health coverage
By Michael H. Leb
A reader responds to "The stork has landed: Employers (and insurers) must provide pregnancy benefits." ...
California forfeiture statutes are compound, convoluted and at times, preposterous.
Civil Rights, Books
The human and social costs of the war on terror
By Susan N. Herman
Singling out Muslims for special treatment is a costly and ineffective way to identify terrorists. ...