This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...
You have to be a subscriber to view this page.

    Filter by date
     to 
    Search by Author
    Search by Category
    Search by Headline


Constitutional Law, Books

The Great Dissent

Aug. 2, 2013
By Erwin Chemerinsky

Erwin Chemerinsky reviews The Great Dissent: How Oliver Wendell Holmes Changed His Mind - and Changed the History of Free S...


Labor/Employment

Scandal highlights need to review sexual harassment policies

Jul. 31, 2013
By Michelle Lee Flores, Andrew J. Hoag

The allegations against Bob Filner are a reminder of the pervasiveness of sexual harassment. Employers should pay heed.


Tax, Health Care & Hospital Law, Communications Law

Call it Obamacare, the Affordable Care Act or the act. Love it or hate it. Either way, the changes start soon. And just about ...


U.S. Supreme Court, Labor/Employment

In June the U.S. high court landed a blow to those opposed to mandatory arbitration. In order to be able to fully and "effecti...


Criminal

Hearsay exceptions for children in sexual assault cases

MCLE
Jul. 29, 2013
By Karla D. Kerlin, Renee F. Korn

Earn MCLE credit learning the basic principles governing the admission of children's hearsay statements is highly important to...


Tax

IRS: collecting taxes 30 years after the fact

Jul. 27, 2013
By Robert W. Wood

That may sound crazy, but sometimes the IRS has a memory like an elephant. And the IRS can come down like an elephant on top o...


Civil Litigation, Intellectual Property, 9th U.S. Circuit Court of Appeals

Revived trademark doctrine creates uncertainty for entertainment brands

Jul. 26, 2013
By Andrew J. Thomas, Lewis D. Russell

The 9th Circuit was the first to invoke "aesthetic functionality" in denying trademark protection. Over the years, the doctrin...


Civil Litigation

Federal courts are passive officials sitting before contending parties. We assume that the proper precedent or ruling will com...


Alternative Dispute Resolution

Business students and young entrepreneurs who have been raised in the age of the Internet are well trained to think fast and a...


Labor/Employment, Entertainment & Sports

They knew what they were getting into - and they never complained. Nobody pulled the wool over their eyes; nobody defrauded th...


Law Practice

10(ish) commandments for 1Ls

Jul. 20, 2013
By Ira L. Shafiroff

So, you're about to start law school in August? Keep reading.


Insurance

Another win for insurance brokers

Jul. 19, 2013
By Rex Heeseman

In litigation between the policyholder and the broker, over the years many decisions have resulted in a "win" for the latter. ...


Law Practice

Becoming a stress reducing agent in your workplace

Jul. 19, 2013
By Timothy A. Tosta

If you decided simply to "upgrade" your own behavior to a higher standard, what would you anticipate as the reaction from your...


Labor/Employment

Mid-year review of wage and hour trends in 2013

Jul. 18, 2013
By Tamara I. Devitt

The U.S. high court just issued several decisions that seemingly settle significant wage and hour questions. Yet, there are no...


U.S. Supreme Court, Labor/Employment, California Supreme Court

The life and times of Gentry v. Superior Court

Jul. 18, 2013
By Steven B. Katz

The last six years have not been kind to the state high court's landmark arbitration ruling, and the court is poised to revers...


Criminal

What happened to a jury of our peers?

Jul. 17, 2013
By Aram B. James

What happened to the requirement that juries represent a cross-section of the community, particularly in a case dripping with ...


Judges and Judiciary, Criminal

Why defend criminals you know to be guilty?

Jul. 17, 2013
By James P. Gray

So many times we in the legal profession hear the question asked: "How can you defend those criminals - particularly if you kn...


Criminal

'Not guilty’ was the jurors’ only option

Jul. 17, 2013
By Louis J. Shapiro

My intention here is not to celebrate the tragic death of a 17-year-old boy. Rather, it is to explain why the jurors were left...


Is severance pay "wages" or not? Circuits are split, and the IRS has petitioned the Supreme Court to get an answer. ...


U.S. Supreme Court, Constitutional Law

Between a rock and zero liability

Jul. 17, 2013
By Erwin Chemerinsky

Since generic drugs are regulated by the Food and Drug Act, the U.S. high court has ruled that design defect and failure to wa...


You're not entitled to appeal an order to pay attorney fees when you choose not to disclose evidence of your financial circums...


Alternative Dispute Resolution

A different vocabulary for mediation

Jul. 13, 2013
By Robert S. Mann

In a recent mediation, the plaintiff's lawyer had a pained expression on his face as he reviewed a document, and as I walked i...


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

Returning some removal control to defendants

Jul. 12, 2013
By Erin L. Burke, Jason C. Wright

A recent 9th Circuit decision rejected a narrow interpretation of the statutorily imposed restrictions on when a defedant can ...


IP malpractice claims rising

Jul. 11, 2013
By J. Randolph Evans, Shari L. Klevens

Legal malpractice lawsuits arising from intellectual property disputes are on the rise in California, and throughout the count...


While supporters describe the bill as closing a loophole in California law, in truth the bill would tear asunder far more fami...


Government, Administrative/Regulatory

Legislation key in battle to unlock cellphones

Jul. 11, 2013
By John F. Stephens

The new chairman of the Federal Communications Commission, Tom Wheeler, thinks that it should be legal to unlock your cellphon...


Law Practice

Trouble remembering your password?

Jul. 10, 2013
By Paul R. Kiesel

One of the banes of our existence in 2013 is the need to remember - if you are following the rules - dozens and dozens of pass...


Civil Litigation, Appellate Practice

The good news is that attorney disqualification orders are immediately reviewable. And two recently published decisions show t...


Letters

Have you ever heard a judge say the ABCs?

Jul. 9, 2013
By Ira L. Shafiroff

Re: "Plan to shave bar exam down to two days makes headway," July 2.


Letters, Constitutional Law

Re: "Narrow holdings with huge implications for couples," June 27. By Joel Drum ...