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U.S. Supreme Court, Constitutional Law

Recent polls suggest that only 44 percent of Americans approve of the job the Supreme Court is doing.


U.S. Supreme Court

Lowering the bar for qualified immunity

Jun. 19, 2012
By Erwin Chemerinsky

In the decade since Hope v. Pelzer, the Supreme Court repeatedly has found qualified immunity based on the absence of a...


Civil Litigation

A lengthy, ongoing dispute in Mississippi has the judge sorting through a predecessor's lapse of judgment. ...


Letters, Judges and Judiciary, Alternative Dispute Resolution

"Court-ordered mediation often fails to deliver" (June 8) generalizes and oversimplifies the issue. ...


Letters, Judges and Judiciary, Alternative Dispute Resolution

Denouncing the fables of forced mediation

Jun. 15, 2012
By Joseph DiMonda

Lawyers don't need to be told that alternative dispute resolution methods are available.


Labor/Employment

Why the CFRA needs to be updated

Jun. 15, 2012
By Natalie A. Nardecchia

The 50-employee requirement is outdated and too inflexible. ...


Civil Litigation

Discovery in the age of terabytes

Jun. 13, 2012
By Matthew D. Umhofer

Recently issued guidance on electronic discovery practices in criminal cases doesn't even mention the discovery database optio...


Law Practice

Typographical errors

Jun. 12, 2012
By William Domnarski

Innocent mistakes or leading indicators of a deeper problem? By William Domnarski ...


Letters

Letter to the Editor

Jun. 11, 2012
By Richard C. Leonard

Malicious prosecution: taking exception Mr. Kaus' advice. By Richard C. Leonard of Leonard, Dicker & Schreiber LLP


Health Care & Hospital Law

Medical malpractice settlements: who benefits?

Jun. 9, 2012
By Bruce G. Fagel

Protecting the public health is a critically important function of government. ...


It is powerful, and can even prove career or life changing. ...


Forum shopping among state courts remains a viable option for litigants seeking to avoid one state's anti-SLAPP protections. B...


Family

When is a premarital agreement unconscionable?

Jun. 8, 2012
By Mitchell A. Jacobs, Navid Moshtael

Take caution when waiving certain rights in premarital agreement, no matter which side you're on. ...


Law Practice

Dispatches from the reading room: so how did I do?

Jun. 5, 2012
By William Domnarski

Language cutting to the quick can crush a lawyer's ego when reading the appellate opinion of a case. By William Domnarski ...


Judges and Judiciary

Don’t give up — mediate

Jun. 5, 2012
By Arthur Gilbert

Busy books, the decimation of the third branch and, of course, mediation.


Real Estate/Development, Law Practice

Lucas strikes back

Jun. 2, 2012
By Gideon Kanner

Marin County residents won the battle against a Lucasfilm expansion project; now George is looking to sell to a low-cost housi...


Civil Litigation, Alternative Dispute Resolution

Lesson: winning at all costs is not the goal; playing the game by the rules must be the barometer.


Litigation & Arbitration, Letters, Alternative Dispute Resolution

Sun rises in the west

Jun. 1, 2012
By Nathaniel J. Friedman

A response to Judge Waddington By Nathaniel J. Friedman ...


Anti-SLAPP is a powerful tool and can bite back if you're not careful pursuing malicious prosecution claims. By Stephen Kaus o...


Law Practice

They consider the tensions I have felt, tensions which I suspect many lawyers have felt. By William Domnarski ...


Litigation & Arbitration, Alternative Dispute Resolution

Providing statutorily approved language could help end the flood of challenges to arbitration clauses. ...


Government

What is with the 'downtown revivals'?

May 25, 2012
By Gideon Kanner

It takes more than an in-migration of pseudo-hippie latte drinkers to revive a city.


Labor/Employment

Free speech in the private workplace?

May 24, 2012
By Tamara I. Devitt

The First Amendment applies only to state action, so can private employers restrict political banter in the office?


Real Estate/Development

Foreclosure can further deteriorate collateral value; if done correctly, a receiver sale can greatly expedite litigation and r...


Judges watch TV and films too, and sometimes it shows. By William Domnarski ...


Civil Litigation

eDiscovery: Deepwater discovery tips

May 19, 2012
By A. Marco Turk

The first charges stemming from the BP oil spill provide a valuable lesson: don't delete images from your smart phone. ...


Labor/Employment, Civil Rights

Changes to the ADA focus on whether discrimination occurred, not whether an individual is "disabled." ...


Civil Litigation

Treble punitive damages for elder abuse: are you claiming them?

May 18, 2012
By Brian S. Kabateck, Joshua H. Haffner

California statutory law allows for recovery of treble damages for elder abuse in insurance bad faith actions. ...


Criminal

What is the best medicine in Lafler?

May 18, 2012
By Brian M. Hoffstadt

The Court settled whether a defendant could claim ineffective assistance of counsel for rejected pleas; the proper remedy, how...


Labor/Employment

Legislative history: no fee-shifting in meal and rest break litigation

May 17, 2012
By Gerald G. Knapton, Kim Karelis

A closer look at the enactment of certain Labor Code sections reveals its intention not to permit fee-shifting. By Gera...