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...

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

Law Practice

Classroom Discussion Defines Americanism

Sep. 19, 2002
By David A. Lash

Forum Column - By David A. Lash - Sept. 11 brought out the best in many of us. It certainly brought out the best in a number o...


Alternative Dispute Resolution

Awaiting Davis' Stamp of Approval

Sep. 18, 2002
By Gloria R. Allred, Robert T. Olmos

Forum Column - By Gloria Allred and Robert Tomás Olmos - The myriad of legal issues surrounding arbitration poses "one of the ...



Constitutional Law

Carrying On

Sep. 11, 2002
By Erwin Chemerinsky

Terror and the Law - Forum Column - By Erwin Chemerinsky - Throughout American history, whenever there has been a serious cris...


Judges and Judiciary

Splintered Meaning

Sep. 10, 2002
By Arthur Gilbert

In my last column, we talked briefly about Shaquille O'Neal's response to a question last season about what it would take for ...



Judges and Judiciary

Toppling Rights

Sep. 5, 2002
By Robert L. Bastian Jr.

There is no area in which the individual predilection of judges more consistently subverts the rule of law, common sense and b...


Once upon a time, "ambiguity" was king in California with respect to interpreting an insurance policy. But now, "context" is k...



Judges and Judiciary

Bridging the Gap

Aug. 23, 2002
By David A. Lash

Forum Column - By David A. Lash - It is time to ensure that the judicial branch of our democracy exalts responsiveness over pa...


Intellectual Property

In 1989, the U.S. Supreme Court issued a landmark opinion that clarified a very important issue in copyright law: Who owns the...



Judges and Judiciary

Politicizing Judicial System

Aug. 17, 2002
By Erwin Chemerinsky

Forum Column - By Erwin Chemerinsky - Although many disagree about the First Amendment, no one denies that political speech is...


Law Practice

Breaking Public Access

Aug. 13, 2002
By Hiram Torres

Forum Column - By Hiram Torres - A new piece of legislation that likely will substantially restrict public access to certified...



Labor/Employment

The idea that a defendant is not allowed to conduct discovery before class counsel files a motion for class certification soun...


Constitutional Law

Genuine Patriotic Worship

Jul. 19, 2002
By David A. Lash

Forum Column - By David A. Lash - The answer to the uproar over the 9th U.S. Circuit Court of Appeal's Pledge of Allegiance de...



Insurance

More than a decade ago, California courts began to summarily adjudicate out "bad faith" claims if the insurer proved that it ...


Constitutional Law

Forum Column - By Stephen F. Rohde - "The guilty are arrested before the law is broken." Are these the words of Attorney Gener...



Judges and Judiciary

Such a Bitter Balm

Jul. 12, 2002
By Arthur Gilbert

After the Los Angeles Lakers lost one of their games to the Sacramento Kings at the Western Conference Finals, Shaquille O'Nea...


Appellate Practice

In Some Cases, Appeal Will Lie From an Order, Not a Judgment

Jul. 4, 2002
By Paul D. Fogel , Benjamin G. Shatz

Focus Column - By Paul D. Fogel and Benjamin G. Shatz - For some time now, the Courts of Appeal have admonished litigants that...



Constitutional Law

Ultimate Sanction

Jul. 3, 2002
By Erwin Chemerinsky

Forum Column - By Erwin Chemerinsky In Ring v. Arizona , 2002 DJDAR 7047 (U.S. June 24, 2002), the Supreme Court held t...


Law Practice

The World's Noblest Calling

Jun. 21, 2002
By David A. Lash

Forum Column - By David A. Lash - Excerpted from a law school commencement address delivered May 18 to the University of West ...



Ethics/Professional Responsibility, Alternative Dispute Resolution

Intending to assure the public of integrity in the arbitration process, the Legislature has amended the California Arbitration...


Constitutional Law

Targeting Speech

Jun. 20, 2002
By Erwin Chemerinsky

Forum Column - By Erwin Chemerinsky Although the First Amendment provides broad protection for the right to express ideas, it ...



Family, Alternative Dispute Resolution

Mediators Should Provide the Parties with Basic Information

Jun. 19, 2002
By Franklin R. Garfield

Focus Column - By Franklin R. Garfield - It is widely assumed that family mediators do not have liability for professional neg...


Law Practice

Is Wealthy Actor Manipulating System?

Jun. 10, 2002
By Gloria R. Allred, Margery Somers

Is Robert Blake legally required to pay the attorney fees and costs of Earle Caldwell, who has been charged as Blake's conspi...



U.S. Supreme Court, Constitutional Law

Colleges Shouldn't Consider Race in Admission Decisions

Jun. 7, 2002
By Robert L. Bastian Jr.

Recently, the court in Grutter v. Bollinger upheld the University of Michigan Law School admissions policy which permits consi...


Judges and Judiciary

Riding Roughshod Over the Constitution

May 21, 2002
By David A. Lash

Forum Column - By David A. Lash - Attorney General John Ashcroft has risen from political ruin to a position from which he can...



Constitutional Law

Murky Waters

May 10, 2002
By Erwin Chemerinsky

Forum Column - By Erwin Chemerinsky - The Takings Clause of the Fifth Amendment inevitably requires that the courts balance th...


Family

Perception Gap

May 10, 2002
By Arthur Gilbert

I am not yet eligible for Medicare but people periodically ask, "So when are you going to retire?" How periodically? I don't ...



Constitutional Law

Justice Undone

Apr. 27, 2002
By Erwin Chemerinsky

Forum Column - By Erwin Chemerinsky - When can state governments be sued for violating federal civil rights laws? For example,...


Law Practice

More Is Better

Apr. 20, 2002
By Timothy D. Reuben

Recently, while in L.A. Superior Court on a demurrer hearing, I heard an exasperated judge pose this question: Why do you plai...



Law Practice

Protection of Vulnerable Innocent

Apr. 18, 2002
By David A. Lash

Forum Column - By David A. Lash and Beth A. Becker - In California, public policy is as clear as can be - protecting children ...


Contracts, Alternative Dispute Resolution

Chemical Distraction

Apr. 6, 2002
By Lawrence Waddington

The American judicial system divides along legal lines paralleling our social culture. Constitutional law, state law and feder...