The networks say the FCC's current policy is too hard to figure out and penalizes the use of particular words in some instance...

The government prosecutes tabloid-worthy cases while ignoring those with important, real implications.

California focuses on a comparative approach to class certification instead of simply whether there are common questions "cent...

The most important thing to understand about the dynamics of efficiently negotiating a settlement is that both parties almost ...

Brinker and Wal-Mart illustrate different approaches to appellate review: one rooted in deference, the other ref...

Brinker seems to suggest that courts should "protect" employers by ignoring the merits of a claim when certifying a cla...

Writing a separate concurrence serves the function of identifying what the Court's opinion does not resolve. By John R....

Law firms are increasingly turning to new business models. ...

My journey to the Supreme Court.

If more jurors were fully informed, they would be more reluctant to convict defendants under morally repugnant and discriminat...

I sat at my computer at 7:00 a.m. repeatedly hitting the refresh button on my browser, until, there it was: Christopher...

Mediators have a few new tricks up their sleeves after Brinker. By Joan B. Kessler, JD, PhD ...

The act of production becomes testimonial when an individual is compelled "to use 'the contents of his own mind' to explicitly...

Controversial Arizona immigration law heads to the US Supreme Court. By Erwin Chemerinsky ...

Viacom's battle against YouTube forges on, despite a claim that barely passes muster.

Brinker emphasizes the importance of workers' rights, especially low wage workers. By Fernando Flores of the egal Aid S...

Brinker puts employers on alert to draft clear and concise policies, and to ensure that they are uniformly implemented ...

Difficult questions arise when litigants attempt to unmask anonymous Internet users in order to assert legal claims based on t...

Two things happen in mediation: the mediator influences the parties, and the parties influence the mediator. ...

It's often claimed that you cannot insure for punative damages, but that's not the truth of the matter. ...

It is misleading to talk about the pay gap absent a more holistic discussion including other factors. ...

It is important to remember that at 6 months we are already developing a style of interaction and way of thinking about oursel...

Like Titanic's owners, corporations today benefit from an artificial limitation of liability.

Predictive coding will continue to be a hot topic, and litigants will use it to the extent that it makes fiscal sense.

Mediation is not a victory lap; it's a recognition that a settlement is better than spending time, effort, and money on litiga...

California courts place greater emphasis on judicial economy when it comes to advisory opinions.

Waxing poetic on the importance of choice in an uncertain world.

With schools shutting down due to budget constraints, it is time to consider the real economic impact of our drug policy.

A reader responds to "The future of diversity: Will affirmative action law become more conservative?" ...

What advocates can do to increase their satisfaction with the arbitration process.