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Letters, Health Care & Hospital Law, Government, Constitutional Law

A reader responds to "Health care law should be upheld." ...


It's better to file motions for spoliation sanctions during, rather than after, the discovery phase. ...



Insurance

When insurers attempt to control the defense

Aug. 19, 2011
By Kirk A. Pasich

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

Aug. 18, 2011
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

Big news for the plaintiffs' bar that levels the playing field and ensures a fair fight.


Family

Baby-selling under the guise of surrogacy

Aug. 16, 2011
By Judith Daar

Another scandal for reproductive law--is it time to stop the commercial baby-making?



Civil Litigation, Law Practice, Ethics/Professional Responsibility

How to respond when you feel that your trial judge is adversely affecting your ability to try your case effectively.


Newly developed e-discovery software seeks to monitor and interpret human behavior. ...



U.S. Supreme Court, Tax, Corporate

Taxes up the Amazon?

Aug. 5, 2011
By Robert W. Wood

California passes the newest and toughest law on state sales and use taxes. ...


Contracts

An indemnity clause by any other name

Aug. 4, 2011
By Dan Jacobson

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

Now that the issue of mediation confidentiality is settled, how can mediators, counsel and parties protect themselves? ...


Judges and Judiciary

What the law allows or disallows is all about educated guesses. ...



Intellectual Property

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

Jul. 30, 2011
By Linda D. Kornfeld, Jerold Oshinsky

The debate continues between insurance companies and policyholders over what is an accident or occurrence. By Linda Kornfeld, ...



Contrary to popular belief, money is not the central reason behind inheritance disputes between family members. By Mark Accet...


Law Practice

Fight job dissatisfaction with a dose of positivity

Jul. 29, 2011
By Timothy A. Tosta

Feeling an increase in job dissatisfaction? Here's a new way to escape the gloom. ...



Government, Civil Rights

A Human Rights Watch report on torture calls for criminal investigations of several members of the Bush administration. ...


Labor/Employment

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

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

Jul. 20, 2011
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

Jul. 19, 2011
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...


Whether or not Casey Anthony got away with murder, the greater concern is the perception that the jury got it wrong. ...



Ethics/Professional Responsibility

A large prominent law firm proves to be more vulnerable than they might have thought possible. ...


U.S. Supreme Court, Administrative/Regulatory

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

Jul. 14, 2011
By Erwin Chemerinsky

The U.S. Supreme Court conservative majority makes clear their desire to protect the influence of the wealthy in the election ...


Government

Is Obama creating 'floating Guantanamos?'

Jul. 13, 2011
By Stephen F. Rohde

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

Jul. 12, 2011
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

The State Bar's imposition of an interim suspension can effectively put an attorney out of business. ...



Judges and Judiciary

The delicate balance between judicial restraint and First Amendment rights. ...


Books, Appellate Practice

Understanding the role of attorneys in the appellate process is the first step to protecting your case at the trial court level.