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FORUM COLUMN - As they come of age, five years after Sept. 11, 2001, today's high-school students remind us of how far removed...


Intellectual Property

FOCUS COLUMN - In July began a trial period of the Patent Prosecution Highway, a cooperative effort between the U.S. Patent an...



Civil Litigation, Labor/Employment, Civil Rights

Federal courts of appeals in June 2006 created or deepened conflicts of authority on important questions relating to anti-disc...


California Supreme Court

FORUM COLUMN - The state Supreme Court's decision in Copley Press Inc. v. Superior Court, 2006 DJDAR 11839 (Aug. 31, 2006), un...



Judges and Judiciary

Doggone it (a euphemism for what I'm thinking). To stay with the metaphor, I am dogged by complaints of people I know unleashi...


FORUM COLUMN - Curiously, a male candidate for a job at a law firm repeatedly asked the firm interviewers about the firm's tre...



Criminal

Let All Criminal Defendants Pick Their Lawyers

Aug. 22, 2006
By Erwin Chemerinsky

Forum Colmn - The Sixth Amendment right to counsel means that a criminal defendant who can afford to pay for an attorney gener...


Insurance

A while ago, California courts started to summarily adjudicate out (that is, before trial) a bad-faith claim; that would happe...



Judges and Judiciary

With all the ink that has been spilled in the wake of the 9-0 Supreme Court's Burlington Northern v. White decision, 2006 DJDA...


Criminal

On the Roberts Court, the Police Get More Freedom

Jul. 21, 2006
By Erwin Chemerinsky

Forum Column - Although a single year is too little basis for drawing broad conclusions about the Roberts court, one trend see...



Judges and Judiciary

Partisanship Led Voters Past Janavs' Merit

Jul. 14, 2006
By Arthur Gilbert

Forum Column - Hooray for Gov. Schwarzenegger! Did I just say that, me, a Democrat? I voted for Gray Davis three times for gov...


Letter to the Editor - The recent judicial profile of Los Angeles Superior Court Judge Antonio Barreto, "The Hardest Working G...



Government

Governor Schwarzenegger, fearing further federal court takeover of the state's prison system, recently called for a special le...


Appellate Practice

By Benjamin G. Shatz A notice of appeal is one of the simplest documents a lawyer can prepare. Usually the only serious att...



Appellate Practice

Expert Advice

Jul. 1, 2006
By Benjamin G. Shatz

Practical tips for preparing for the worst--losing an important motion--and getting relief through a writ petition. by Benjam...


Appellate Practice

How Many Mistakes Can One Notice of Appeal Contain?

Jun. 30, 2006
By Benjamin G. Shatz

A notice of appeal is one of the simplest documents a lawyer can prepare. ...



Insurance

Challenging Punitive-Damages Standards

Jun. 20, 2006
By Rex Heeseman

-Anyone with even a passing interest in punitive damages is aware of the U.S. Supreme Court's blockbuster decision in State Fa...


Constitutional Law

Forum Column - By Erwin Chemerinsky - The Supreme Court's decision in Garcetti v. Ceballos, 126 S.Ct. 1951 (May 30, 2006), den...



Law Practice

In January this year, the California Court of Appeal issued a decision that creates the potential for extended malpractice lia...


Criminals should be punished, and unborn life is precious. Both propositions are central tenets of conservative politics. But ...



Bankruptcy

New Bankruptcy Law Increases Burden on Financially Strapped

Jun. 3, 2006
By Magdalena Reyes Bordeaux

Forum Column - By Magdalena Reyes Bordeaux - The Bankruptcy Abuse Prevention Consumer Protection Act was signed into law by Pr...


Appellate Practice

Focus Column - By Benjamin G. Shatz - A common defense tactic in litigation is to inject procedural complication to delay reac...



Constitutional Law

Schools Must Be Able to Limit Abusive Speech

May 19, 2006
By Erwin Chemerinsky

Sometimes hard cases produce brilliant opinions. This certainly was true in the 9th U.S. Circuit Court of Appeals' recent deci...


Letters, Health Care & Hospital Law

Health Crisis Is State, Not Federal, Issue

May 19, 2006
By Richard A. Nixon

I read with interest the article written by Jeffrey Lowe, "Single-Payer Bill Must Be Passed to Provide Health Care for All" (A...



Just before the opening statements in the government's case against former Enron executives Ken Lay and Jeff Skilling, I empan...


Law Practice

R. Clarke Schultes was one of those influential teacher-coaches who leave their mark in a way so blunt, yet so subtly, that fu...



Judges and Judiciary

Caught Between a Cat and a Legal Conundrum

Apr. 25, 2006
By Arthur Gilbert

Ask lawyers and their clients this question: Judges know the law - true or false? Their answer depends upon whether they won o...


Criminal

Court Blasts Indecency of Criminalizing Homeless

Apr. 20, 2006
By Erwin Chemerinsky

Forum Column - By Erwin Chemerinsky - Anatole France remarked that the "[t]he law, in its majestic equality, forbids the rich ...



According to State Farm Mutual Automobile Insurance Co. v. Campbell , 538 U.S. 408 (2003), an award of punitive damages "more ...


Appellate Practice

In California, Appellate Jurists Judge Their Own Bias, Recusal

Apr. 5, 2006
By Robert C. Cohen, Christopher Pelham

Focus Column - By Christopher K. Pelham and Ronald C. Cohen - The Due Process Clause of the U.S. Constitution protects parties...