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Constitutional Law

Open Season

Sep. 23, 2000
By Erwin Chemerinsky

In Boy Scouts of America v. Dale, 120 S.Ct. 2446 (2000), the U.S. Supreme Court opened the door to greater discrimination base...


U.S. Supreme Court, Criminal, Constitutional Law, Civil Rights

Justice Bound

Sep. 7, 2000
By Hugh R. Manes

Republicans have used their control of the U.S. Senate to defeat, curb and delay President Bill Clinton's judicial appointment...



Constitutional Law

Prayer Ban Scam

Aug. 31, 2000

By James Shankles. The point-counterpoint between Jay Sekulow and Erwin Chemerinsky, "Prayer Policy" (Forum, Aug. 7), on the E...


Law Practice

Assessing the Dead

Aug. 17, 2000
By David A. Lash

By David A. Lash. When Congress overwhelmingly passed a repeal of the federal estate tax earlier this summer, the debate over ...



Constitutional Law

'Apprendi' Appraisal

Aug. 16, 2000
By Erwin Chemerinsky

By Erwin Chemerinsky. Simply put, the court held that it violates due process and the Sixth Amendment to convict a person of o...


Letters, Constitutional Law

Original Intent Makes a Great Foundation

Aug. 15, 2000
By Richard A. Nixon

By Richard A. Nixon. The thrust of the article by Kirk C. Jenkins titled "Design Dilemma: Original Intent Analysis is Impossib...



Judges and Judiciary

Animal Farm

Aug. 9, 2000
By Arthur Gilbert

Do we truly see ourselves as others see us? Do judges, for example, mistake a lawyer's sneer of contempt for a crooked smile? ...


Constitutional Law

By Erwin Chemerinsky. For almost 40 years under both liberal and conservative Supreme Courts, the law has been clear: Prayer i...



Letters, Law Practice

Legal Field Diversity Au Naturel

Aug. 4, 2000
By Richard A. Nixon

By Richard A. Nixon. The article by William G. Paul, president of the American Bar Association, titled "Diversity in the Legal...


Constitutional Law

Judicial Stalemate

Jul. 22, 2000
By Erwin Chemerinsky

The U.S. Supreme Court completed its term on June 28 by handing down four blockbuster cases: allowing greater government aid t...



Judges and Judiciary

Reflecting the Face of America

Jul. 21, 2000
By David A. Lash

In selecting future Supreme Court appointees, the next president will shape the course of the nation's history for at least th...


In Focus

Jul. 15, 2000
By Noelle C. Nelson

Trial attorneys should not ignore unpleasant case facts. Weaknesses must be evaluated and a plan devised to defuse them before...



Constitutional Law

Dramatic Shift

Jun. 21, 2000
By Erwin Chemerinsky


Law Practice

When Money Talks

Jun. 16, 2000
By David A. Lash

Forum: In the Public Interest By David A. Lash Believe it or not, the so-called " new economy" of the 21st century can be a po...



Judges and Judiciary

The Blahs

Jun. 14, 2000
By Arthur Gilbert

Memoirs, love letters, diaries, recipes, novels, government secrets, all California Court of Appeal opinions - these items cal...


Appellate Practice

Cooperative Federalism

Jun. 8, 2000
By James C. Martin , Benjamin G. Shatz

Practitioner: Appellate Law By James C. Martin and Benjamin G. Shatz Every lawyer knows that Erie Railroad v. Tompkins, 304 U....



Constitutional Law

Bare Facts

May 20, 2000
By Erwin Chemerinsky

Forum: By Erwin Chemerinsky For almost a half century, the U.S. Supreme Court has struggled with First Amendment challenges to...


Law Practice

Giving Back to Society

May 19, 2000
By David A. Lash

Forum: In the Public Interest By David A. Lash California Business & Professions Code Section 6210, the statute creating t...



Criminal

Death Watch

May 11, 2000
By Stephen F. Rohde

Forum: By Stephen F. Rohde It used to be that proponents of capital punishment could always count on the steadfast support of ...


Law Practice

Spreading the Wealth

May 5, 2000
By David A. Lash

By David A. Lash When adjusted for inflation, Los Angeles' janitors are earning less than they did 15 years ago. Things seem t...



Judges and Judiciary

Chimerical Judicial Conundrums

May 3, 2000
By Arthur Gilbert

It was Monday morning and Judge Learned Foote sang to himself as he trundled down the hall to his chambers, lugging his briefc...


Constitutional Law

Rehnquist Surprise

Apr. 19, 2000
By Erwin Chemerinsky

Practitioner: Constitutional Law By Erwin Chemerinsky Over its 14-year history, the William H. Rehnquist Court has sided with ...



Appellate Practice

Resetting the Clock

Apr. 6, 2000
By James C. Martin , Benjamin G. Shatz

Resetting the Clock Discovery Timeline Automatically Restarts at New Retrial Date ...


Constitutional Law

SISTER

Mar. 31, 2000
By Erwin Chemerinsky

FORUM The Violence Against Women Act should be upheld by the Supreme Court as a valid exercise of Congess's Commerce Clause po...



Intellectual Property

Global Solution

Mar. 29, 2000
By Craig I Celniker, Brett D. Ekins

Global Solution Arbitrating International Patent Disputes The option to arbitrate a dispute that concerns patent validity has ...


Law Practice

No Compassion for the

Mar. 17, 2000
By David A. Lash

In the Public Interest By David A. Lash Primary day in California left far too many in a secondary position. It was generally ...



Constitutional Law

Officer Limits

Mar. 16, 2000
By Erwin Chemerinsky

By Erwin Chemerinsky The Rampart police corruption scandal is the worst in Los Angeles history. Innocent people were imprisone...


Constitutional Law

Death on Ice

Mar. 2, 2000
By Stephen F. Rohde

By Stephen F. Rohde Appalled at the "shameful record of convicting innocent people and putting them on death row," Illinois Go...



Constitutional Law

Red Badge of Slavery

Feb. 18, 2000
By David A. Lash

One hundred forty years later, South Carolina continues to fight the Civil War, flying the Confederate flag over its state cap...


Constitutional Law

No Merit

Feb. 16, 2000
By Erwin Chemerinsky

These cases are significant losses for indigent defendants who do not have the resources to hire lawyers and instead must rely...