U.S. Supreme Court, Civil Litigation
Collateral estoppel: Benefits of class certification denials may be elusive
By Eric B. Kingsley
Why 2012 is looking up for plaintiff-side class action attorneys. ...
Constitutional Law
FCC broadcast indecency case: Which gets protected — First Amendment or children?
By John F. Stephens
Does policing curse words and nudity on broadcast television make sense in the cable era? ...
Books, Alternative Dispute Resolution
Restorative justice: a movement that looks beyond our current legal system
By Jan Frankel Schau
Rather than focusing on the offense, restorative justice puts victims and the larger community first.
The U.S. Supreme Court's decision that ministers cannot sue churches could spell trouble. By Erwin Chemerinsky of the Universi...
Civil Litigation, Intellectual Property, Entertainment & Sports
Kanye West and his copyright infringement woes
By Dan D. Nabel
Do those copyright lawsuits that do not kill Kanye West only make him "stronger?"
A review of last year's court decisions dealing with important insurance issues.
Alternative Dispute Resolution
Advocating for settlement — the paradigm shift
By Robert S. Mann
Why lawyers should adopt some of the skills that mediators use to reach settlements.
Labor/Employment
NLRB class action ruling gives employers reason to pause
By Eric B. Kingsley
This decision will cover virtually every worker that has been forced to sign a class action waiver.
U.S. Supreme Court, Family
Justices to decide definition of 'children’ under the Social Security Act
By Judith Daar
The U.S. Supreme Court will soon decide whether there is life after death. ...
Judges and Judiciary
Loren Miller Jr., a judge who embraced human frailty
By Arthur Gilbert
Miller set an example for the bench that will be hard to follow. ...
Constitutional Law
The good, the bad and the inconsistency: Peremptory challenges and their potential for abuse
By Brian M. Hoffstadt
Exactly what stereotypes can be used to eliminate jurors? ...
Civil Litigation
eDiscovery: Road to cost reduction and time-saving methods
By A. Marco Turk
Is the discovery function of lawyers evolving or diminishing? ...
Discrimination against the Muslims in our country is the civil rights issue of our day.
Government, Civil Rights
Were state officials wrong not to defend Prop. 8?
By Lawrence Waddington
The refusal of state officials to defend Proposition 8 undermines the democratic process.
Why California is better off without redevelopment agencies. ...
Civil Litigation, Entertainment & Sports
Why the LA County Superior Court is a stalker’s paradise
By Edwin F. McPherson
A change in court procedure has brought stalkers face-to-face with their celebrity obsessions.
A reader responds to "The Stolen Valor Act: Is policing honesty the best policy?"
Alternative Dispute Resolution
How to tell a great story for a great result
By Robert S. Mann
The better the story, the more likely that you will succeed at mediation, arbitration or trial.
Environmental & Energy, 9th U.S. Circuit Court of Appeals
The 9th Circuit’s top 10 environmental decisions in 2011
By Richard M. Frank
Once again, 9th Circuit decisions top the "influential" meter when it comes to environmental law.
Talk about expecting the unexpected - that was the running theme for this year's most popular criminal cases.
Securities
SEC Enforcement Division has most productive year in its history
By Thomas A. Zaccaro
A look at what fueled the division's record performance. By Thomas A. Zaccaro, Morgan J. Miller, Joshua G. Hamilton, Adam D. S...
It is the rare individual that invites you to appreciate your own worth.
A startling 98 percent of American lawyers lack training in eDiscovery.
Constitutional Law
The Stolen Valor Act: Is policing honesty the best policy?
By Andrew J. Thomas
Do you have a First Amendment right to tell lies about yourself?
The latest installment in litigation against Philip Morris USA may open the door for a ratio in excess of 10:1.
A reader responds to comments about the Daily Journal's "Top 100 Lawyers" list.
The issue of cameras in the U.S. Supreme Court reemerges as oral arguments over the Affordable Care Act approach. By Erwin Che...
Is class warfare inherently objectionable, and are the wealthy truly the engine of America's economy?
Health Care & Hospital Law
Using tort reform as an excuse: Why health care cannot be reformed
By Bruce G. Fagel
When it comes to improving patient safety, the health care industry is at a loss.
Senate passes controversial funding bill, taking military detention to a new level.