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Law Practice, Ethics/Professional Responsibility

How to Safely Withdraw From a Case

Jan. 26, 2011
By Diane L. Karpman

Breaking up legal representation can be hard to do. ...


U.S. Supreme Court, Constitutional Law

Rejecting Originalism

Jan. 25, 2011
By Erwin Chemerinsky

Originalism is a flawed constitutional doctrine that leads to unacceptable results. By Erwin Chemerinsky of UC Irvine School o...


California Supreme Court, Alternative Dispute Resolution

Mediating Behind Closed Doors

Jan. 19, 2011
By Michael D. Marcus

Have we paid too high a price to preserve mediation confidentiality? ...


Litigation & Arbitration, Alternative Dispute Resolution

Arbitration on Trial

Jan. 15, 2011
By Lawrence Waddington

Arbitration continues to face challenges as an alternative to litigation. ...


Civil Litigation

Resorting to anger, prejudice or bigotry to make a point seems to have become the American way. ...


Intellectual Property

Litigation brought by Intellectual Ventures could shift the balance of interests involved in patent law. ...


Government

The Dirty Trick of Welfare

Jan. 12, 2011
By James P. Gray

Our welfare system should promote self-improvement, not dependency.


Real Estate/Development

Justice for Some

Jan. 11, 2011
By Gideon Kanner

Takings law rulings by the U.S. Supreme Court show that access to federal courts is difficult for ordinary folks. By Gideon Ka...


Judges and Judiciary

Profiles in Courage: The Sequel

Jan. 11, 2011
By Arthur Gilbert

Valiant examples of courage can be found in the most unusual of places. ...


Alternative Dispute Resolution

Arbitration, No Longer a Clear Cut Choice

Jan. 8, 2011
By A. Marco Turk

The current state of arbitration leaves its participants to contemplate just where and when unintended results will occur. ...


Civil Litigation, Appellate Practice

Have You Filed Your Appeal on Time?

Jan. 8, 2011
By Alana H. Rotter

If a court order is stamped "filed" but no one sees it, is it really filed? ...


U.S. Supreme Court, Constitutional Law, Books

The Legacy of Justice William J. Brennan, Jr.

Jan. 8, 2011
By Stephen F. Rohde

Why Justice William J. Brennan, Jr. is considered the most influential justice of the 20th century. ...


Insurance

Different Standards for Environmental Cases?

Jan. 7, 2011
By Rex Heeseman

A review of the state Supreme Court's multiple approaches to interpreting insurance policies in environmental disputes. ...


Appellate Practice

It Gets Tricky

Jan. 6, 2011
By Gary A. Watt

Challenging a fee award just got a little trickier.



Health Care & Hospital Law, Appellate Practice

Circuit Split on Free Speech And Drug Prescription Data

Dec. 18, 2010
By Jonathan M. Rotter, Alana H. Rotter

The constitutional debate over the sale of prescriber-specific data for commercial use.


Law Practice

Doing Justice, Making Amends

Dec. 16, 2010
By Timothy A. Tosta

Should a sentence for manslaughter only reflect the crime, or should it consider the defendant's compassionate character?


Government, Environmental & Energy

The Legacy of Arnold Schwarzenegger

Dec. 16, 2010
By Richard M. Frank

Contrary to popular opinion, a strong case can be made that Arnold Schwarzenegger was a remarkably successful governor.


U.S. Supreme Court, Government, 9th U.S. Circuit Court of Appeals

A New Obstacle to Civil Rights Relief

Dec. 16, 2010
By Erwin Chemerinsky

The U.S. Supreme Court makes it more difficult for plaintiffs to sue their local governments. By Erwin Chemerinsky of UC Irvin...


Government

The Great Rent Control War

Dec. 15, 2010
By Myron Moskovitz

The rent control war ends in the U.S. Supreme Court, but adversaries continue to squabble. ...


Family

Does a Spouse’s Waiver of Interest Trump the Beneficiary Designation?

Dec. 15, 2010
By Mitchell A. Jacobs, Navid Moshtael

What happens when your client's beneficiary designation is inconsistent with the terms of the divorce decree?


Government

The Great Rent Control War

Dec. 13, 2010
By Myron Moskovitz

From the legislature, to the governor, and then the ballot - opposition greets rent control at every stage.


David R. Henderson's "The Joy of Freedom: An Economist's Odyssey" shows us the enormous harm done by government intrusion.


The Great Rent Control War

Dec. 10, 2010
By Myron Moskovitz

A play-by-play of the first battle waged in California's 20-year rent control war.


Insurance

Prejudgment Interest: Overlooked Until Now

Dec. 8, 2010
By Rex Heeseman

It's time for the bench and the bar to start paying attention to the topic of prejudgment interest. ...


Judges and Judiciary

The Ripple Effect

Dec. 7, 2010
By Arthur Gilbert

The ripple effect of court decisions extends far and beyond the individuals involved in the case. ...


Alternative Dispute Resolution

Parties to multiple contracts should carefully review the terms and check for consistency.


Law Practice

The Mindful Lawyer: Not Your Usual Law Conference

Dec. 4, 2010
By Timothy A. Tosta

A recent conference focuses on finding a harmonious balance in the practice of law. ...


Letters, Constitutional Law

The Wall That Separates

Dec. 3, 2010
By Stephen F. Rohde

Stephen Rohde writes in response to "The Founders Did Not Seek to Abolish Religion." ...


U.S. Supreme Court, Constitutional Law

The Founders Did Not Seek to Abolish Religion

Nov. 25, 2010
By Kris Whitten

There is a historical basis for preserving the phrase "one Nation under God" in the Pledge of Allegiance. By California Deputy...