Government, Environmental & Energy, Administrative/Regulatory
SB 375 may result in state control of land use
By Nicki Carlsen, Rebecca S. Harrington
Notwithstanding language to the contrary in the bill itself, SB 375 potentially gives state control over local land use. ...
Environmental & Energy
Future is now (or is it?): minimizing CEQA litigation risk
By Donald E. Sobelman, Sherry E. Jackman
When performing an environmental impact report, choosing the proper baseline can be outcome determinative. ...
Constitutional Law, 9th U.S. Circuit Court of Appeals
Why the 9th Circuit got Padilla wrong
By Erwin Chemerinsky
Even if an American citizen detained as an enemy combatant doesn't have the same rights as a prisoner, surely they have the ri...
If passed, the Pregnant Workers Fairness Act will protect pregnant employees from being terminated for requesting modest accom...
Without the fear of mounting attorney fees, employers will feel less pressured to settle. By Maria C. Roberts and David E. Ama...
Books, Alternative Dispute Resolution
Tales of tragedy, revenge and ...mediation?
By Jan Frankel Schau
A collection of stories from mediators about the drama they witnessed while negotiating settlements. ...
Labor/Employment
Brinker’s unique impact on the health care industry
By Daniel J. McQueen
Commentary about the decision often ignores an important aspect of it: the IWA's authority to issue industry-related rules. By...
The decision in Kirby is being touted as an employer victory because of its potential chilling effect on contigency fee...
Waxing poetic on 24 years and 200 columns, as well as my brief encounter with jury duty. ...
I am talking Watergate, Ellsberg, President Richard Nixon. ...
Civil Litigation
eDiscovery: 'Bad hair day’ for predictive coding opponents
By A. Marco Turk
Predictive coding is picking up support in a few jurisdictions. ...
Labor/Employment
Sometimes, the case's merits are simply too intertwined with the requirements for certification to be set aside. By Sharon Kir...
Law Practice
Don’t wait: You only have this moment in which to be of service
By Timothy A. Tosta
Life lessons learned from my hospice work.
Administrative/Regulatory
Indecency back before the High Court: FCC seeks review of CBS ‘wardrobe malfunction’ case
By John F. Stephens
The networks say the FCC's current policy is too hard to figure out and penalizes the use of particular words in some instance...
The government prosecutes tabloid-worthy cases while ignoring those with important, real implications.
Labor/Employment
Divided by a common language: Brinker vs. Wal-Mart, Pt. 2
By Brad S. Seligman
California focuses on a comparative approach to class certification instead of simply whether there are common questions "cent...
Alternative Dispute Resolution
Is bracketing dead? New strategies for mediation
By Robert S. Mann
The most important thing to understand about the dynamics of efficiently negotiating a settlement is that both parties almost ...
Labor/Employment
Divided by a common language: Brinker vs. Wal-Mart, Pt. 1
By Brad S. Seligman
Brinker and Wal-Mart illustrate different approaches to appellate review: one rooted in deference, the other ref...
Brinker seems to suggest that courts should "protect" employers by ignoring the merits of a claim when certifying a cla...
Labor/Employment
The Brinker concurrence: when two is not enough
By John R. Giovannone
Writing a separate concurrence serves the function of identifying what the Court's opinion does not resolve. By John R....
Law Practice, Law Office Management
Future practice: innovate or get left behind
By David Maurer
Law firms are increasingly turning to new business models. ...
Law Practice
Supreme Court: an inside look at oral arguments, pt. 2
By Eric B. Kingsley
My journey to the Supreme Court.
Criminal
Why understanding jury nullification is so critical to taking back our criminal justice system
By Aram B. James
If more jurors were fully informed, they would be more reluctant to convict defendants under morally repugnant and discriminat...
U.S. Supreme Court, Law Practice
Supreme Court: an inside look at oral arguments, pt. 1
By Eric B. Kingsley
I sat at my computer at 7:00 a.m. repeatedly hitting the refresh button on my browser, until, there it was: Christopher...
Labor/Employment
Brinker ruling expands the bag of tricks available to mediators
By Joan B. Kessler
Mediators have a few new tricks up their sleeves after Brinker. By Joan B. Kessler, JD, PhD ...
Civil Litigation
eDiscovery: Fifth Amendment privilege vs. disclosures
By A. Marco Turk
The act of production becomes testimonial when an individual is compelled "to use 'the contents of his own mind' to explicitly...
Controversial Arizona immigration law heads to the US Supreme Court. By Erwin Chemerinsky ...
Intellectual Property
2nd Circuit revives barely viable Viacom copyright case against YouTube
By John F. Stephens
Viacom's battle against YouTube forges on, despite a claim that barely passes muster.
U.S. Supreme Court
Brinker and beyond: Supreme Court confirms workers’ rights to meal breaks
By Fernando Flores
Brinker emphasizes the importance of workers' rights, especially low wage workers. By Fernando Flores of the egal Aid S...
Labor/Employment
Brinker: The long and winding road comes to an end
By Veronica M. Gray
Brinker puts employers on alert to draft clear and concise policies, and to ensure that they are uniformly implemented ...