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Judges and Judiciary

Hearing Pleas of the Voiceless

Aug. 17, 2001
By David A. Lash

The topics likely to get the most attention from Gov. Davis and the media, even as his short list of candidates to replace Jus...


Judges and Judiciary, Civil Rights

Pushing Back Our Rights

Aug. 10, 2001
By Eve L. Hill

Former President George H.W. Bush signed the Americans with Disabilities Act into law on July 26, 1990, declaring, "Let the sh...



Civil Rights

Right to Die

Aug. 7, 2001
By Jon B. Eisenberg

Robert Wendland died of pneumonia recently at age 49, eight years after sustaining profound brain damage in an automobile acci...


Law Practice

Seeing Justice on the Horizon

Jul. 20, 2001
By David A. Lash

There is a movie that tells us more about the joy and power of being an attorney than any other movie any lawyer has ever seen...



Civil Litigation

Tough Standard

Jul. 3, 2001
By David J. de Jesus

'Glastetter' demonstrates just how rigorous an analysis must be employed by federal judges evaluating causation issues in tort...


Constitutional Law

Difficult Tension

Jun. 19, 2001
By Erwin Chemerinsky

The case clearly holds that liability cannot be imposed on the media simply because others broke the law in obtaining informat...



Law Practice, Judges and Judiciary

America Stands Out for its Judiciary Free of Corruption

Jun. 16, 2001
By Lawrence Waddington

No society in the world offers its citizenry access to a legal system comparable to that available in the United States. But i...


Appellate Practice

Red Cow

Jun. 7, 2001
By James C. Martin , Benjamin G. Shatz

Appellate decisions of sister states may have preclusive effect if the same parties and issues are involved. ...



Constitutional Law

Divide and Conquer

Jun. 7, 2001
By Charles S. Doskow

Chicken Little decided, on the basis of an acorn propelled by gravity, that the sky was falling. He found a host of credulous ...


Law Practice

Judging Books by Covers

Jun. 5, 2001
By Arthur Gilbert

Books are beneficial. They are used as doorstops, paperweights, steps (to reach other books on high shelves), projectiles (to ...



Criminal

Moving Violation

May 18, 2001
By Erwin Chemerinsky

At a time when scandals like Rampart show the need for controlling the police, the U.S. Supreme Court's decision in Atwater v....


Law Practice

Los Angeles is about to elect a mayor, only the third in the last 27 years. And though largely ignored by the major news outle...



Construction

Direct Pipeline

Apr. 26, 2001
By Paul R. Kiesel

In April 1999, my firm was brought in as plaintiffs' trial counsel in a construction defect case involving the manufacture, in...


Judges and Judiciary

Crystal Clear

Apr. 20, 2001
By Daniel U. Smith

Certain appellate judges have recently changed their writing style. They are removing case citations from the text and putting...



Law Practice

If history is to judge us by how we treat our most vulnerable, including the poor, the children and the elderly, then so too m...


Constitutional Law

Local Position

Apr. 17, 2001
By Erwin Chemerinsky

One of the most dramatic changes in the law in recent years has been the U.S. Supreme Court's significant expansion in state s...



Appellate Practice

Dual Action

Apr. 5, 2001
By James C. Martin , Benjamin G. Shatz

As 'Franklin' and 'Natural Resources' make clear, an appeal does not absolutely foreclose further proceedings in the trial cou...


Ethics/Professional Responsibility, Discipline

Discipline Needs Its Deadlines

Apr. 5, 2001
By Diane L. Karpman

In 1993, the state Legislature passed a bill that would have added a statute of limitations to the State Bar Act. The proposed...



Judges and Judiciary

Not a Drop to Drink

Apr. 3, 2001
By Arthur Gilbert

Almost daily I am asked about being a PJ. How does it feel? What does it mean? How are you bearing up under the weight of this...


California Supreme Court

Arguments against effective anti-poverty programs are often thinly disguised as supposed policy statements. For instance, in "...



Judges and Judiciary

JURIST DOCTORING

Mar. 30, 2001
By Erwin Chemerinsky

President George W. Bush's announcement that he no longer will have the American Bar Association evaluate judicial nominees is...


Civil Litigation

Complex Interplay

Mar. 28, 2001
By Christopher Gail VanGundy

The first question in litigation against a foreign defendant will be whether service over the defendant abroad was effected pr...



Constitutional Law

See No Evil

Mar. 24, 2001
By Erwin Chemerinsky

On Feb. 21, the U.S. Supreme Court held that state governments may not be sued for employment discrimination against the disab...


Alternative Dispute Resolution

Come Together

Mar. 10, 2001
By Lawrence Waddington

Classwide arbitration has been endorsed by both the California and federal courts. ...



Judges and Judiciary

Life Isn't All About 'Getting It'

Mar. 6, 2001
By Arthur Gilbert

My wife confronted me at breakfast the other morning. "Last night I had a nightmare," she said. "I dreamed I was you." ...


Civil Rights

Preference Principle

Feb. 21, 2001
By Erwin Chemerinsky

Ultimately, the conflict between the circuits must be resolved by the Supreme Court. But no case to do so is on the docket for...



Health Care & Hospital Law

During the recent presidential campaign, both candidates feared to venture into the controversial waters of children's health ...


Criminal

Corrections Tries to Evade Financial Responsibility

Feb. 6, 2001
By Robert L. Bastian Jr.

The California Department of Corrections is playing three sides of the same coin in its effort to evade financial responsibili...



Judges and Judiciary

Judicial Power Outage

Feb. 6, 2001
By Arthur Gilbert

Power is like an egg white; it so easily slips through your fingers. For me, the attempt to make an egg white omelet brings ho...


Constitutional Law

Breaking Language Barriers

Jan. 30, 2001
By Sean Carter

Surprise, surprise! The state of Alabama finds itself in the midst of another civil rights battle. And once again, the state o...