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Judges and Judiciary

Proposed Bill Major Setback for the State’s Courts

Mar. 31, 2011
By Erwin Chemerinsky

Enactment of AB1208 would reverse the benefits of centralization that our court system has achieved. By Erwin Chemerinsky of U...


Letters, Government

In Support of Unlimited Executive Power

Mar. 30, 2011
By Stephen F. Rohde

Stephen Rohde responds to "Jewish Bar Examines Nazi Judges' Blind Eye." ...


Civil Litigation

Proactive Attack Through Declaratory Relief

Mar. 30, 2011
By Stephan Mihalovits

Seeking declaratory relief can help a company avoid the damage that comes from being sued.


Law Practice

The Power of Story

Mar. 29, 2011
By Timothy A. Tosta

Perfecting the art of storytelling can help attorneys be more effective communicators. ...


Labor/Employment, Government

A fire that killed 146 employees in 1911 reminds us that government involvement isn't always a bad thing. ...


Judges and Judiciary

Progress Made, Progress to Be Made

Mar. 24, 2011
By Wendy Chang

Confirming two pending judicial nominees would add needed diversity to the federal judiciary. By Wendy Chang, Hinshaw & Cu...


Constitutional Law, Civil Rights

One Step Closer to a 'More Perfect Union’

Mar. 23, 2011
By Stephen F. Rohde

In a victory for religious freedom, a Muslim woman wins the right to wear her headscarf in a detention facility. ...


Labor/Employment

Don’t Break Out the Champagne Yet

Mar. 23, 2011
By Eric B. Kingsley

The debate continues over a recent state appellate case involving attorney fees and wage and hour litigation.


Constitutional Law

The U.S. Supreme Court should give greater power to the states to decide First Amendment issues. By Kris Whitten of the state ...


Alternative Dispute Resolution

E-Discovery: Brave New World of Lawyering

Mar. 19, 2011
By A. Marco Turk

E-discovery - law's new frontier - will change the way that litigators conduct their work. ...


Civil Litigation, Law Practice

Professional Tools for Litigators: Depositions

Mar. 18, 2011
By James P. Gray

Depositions can be very helpful in litigation, but it is essential that they be carefully planned and well thought-out. ...


Attack on Net Neutrality, What Gives?

Mar. 18, 2011
By John F. Stephens

Why is there so much resistance to something as simple as net neutrality? ...


Constitutional Law

Hard Cases Can Make Good Law

Mar. 17, 2011
By Erwin Chemerinsky

In a difficult case, the U.S. Supreme Court reaffirms a long-standing principle of the First Amendment. By Erwin Chemerinsky o...


Intellectual Property

When Is a Patent Troll a Patent Troll?

Mar. 16, 2011
By Lawrence M. Hadley

Use of the term "patent troll" is meant to prejudice and can curtail the rights of property owners.


Civil Litigation, Insurance

To reduce exposure to privacy-related litigation, retailers should review their current insurance policies and update them if ...


Labor/Employment

When Is Workplace Discrimination Unlawful?

Mar. 11, 2011
By Thomas L. Dorogi

An action should qualify as "discriminatory" if the main motivation behind it is unlawful.


Constitutional Law

The Best Antidote to Hate Speech Is More Speech

Mar. 10, 2011
By Stephen F. Rohde

Staying true to the First Amendment requires that we allow all kinds of speech, even those which society deems offensive. ...


Criminal

The objective test set by the Supreme Court for Confrontation Clause cases actually opens the door to greater subjectivity fro...


Judges and Judiciary

The Play’s the Thing

Mar. 8, 2011
By Arthur Gilbert

If the legal system had it's version of the Academy Awards, who would win the honor of Best Picture?


Alternative Dispute Resolution

The need to preserve "electronically stored information" has created new duties for lawyers. ...


Civil Rights, Books

Honoring the True Heroes of the Civil Rights Movement

Mar. 5, 2011
By Michael Waterstone

A recount of the African American struggle for voting rights that focuses on the real heroes of this movement. By Michael Wate...


Civil Litigation, Law Practice

Tips for steering a case toward a settlement.


Law Practice

Trust or Consequences

Feb. 25, 2011
By Timothy A. Tosta

Do not underestimate the importance of building trust in your professional relationships. ...


California Supreme Court, Alternative Dispute Resolution

The judiciary has adopted an interesting interpretation of legislative intent as it applies to California's mediation confiden...


California Supreme Court, Alternative Dispute Resolution

California's mediation confidentiality statute is a recipe for disaster.


Judges and Judiciary

A Supreme Court Above Reproach

Feb. 16, 2011
By Erwin Chemerinsky

Recent ethical concerns regarding certain U.S. Supreme Court justices call for change in law. By Erwin Chemerinsky of UC Irvin...


Civil Litigation, Appellate Practice, 9th U.S. Circuit Court of Appeals

Do the current anti-SLAPP provisions strike the right balance? ...


Labor/Employment

The Rise of Disability Discrimination Claims

Feb. 15, 2011
By Diana Friedland

The recent spike in disability-related claims should motivate all employers to review their legal obligations.


Government

To U.S. Politicians: Dare to Lose

Feb. 10, 2011
By James P. Gray

Politicians should be willing to sacrifice their personal careers for the sake of rebuilding America. ...


Tax

When Overseas Income Is Tax Free

Feb. 8, 2011
By Robert W. Wood

How to exclude income earned overseas from your U.S. taxes. ...