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Mediation Confidential

Dec. 3, 2008

If it's not broke.


Government, Constitutional Law

Can Obama Bring Us Back From the Dark Side?

Nov. 22, 2008
By Erwin Chemerinsky

One of President-elect Barack Obama’s first actions must be to change course and to repudiate the Bush administration’s polici...


Appellate Practice

Time Trials

Nov. 21, 2008
By Benjamin G. Shatz

Careful practitioners should calculate appellate deadlines arising from all possible scenarios or interpretations and file at ...


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

Crossing Out Rights

Nov. 21, 2008
By Robert L. Bastian Jr.

It remains a legal mystery why church doctrine or authority should ever shade an individual's fundamental right. ...


Judges and Judiciary

Judge of Character

Nov. 14, 2008
By William Domnarski

The appointments of federal judges are what most define a president and represent his most enduring contribution — either good...


Law Practice, Government

A Reversal of Fortunes

Nov. 4, 2008
By Robert L. Bastian Jr.

Our accumulated economic history of the past half century has subtle, but significant consequences for labels in law.


Con Jobs

Nov. 1, 2008
By Joseph H. Cooper

For those recently or about-to-be released from prison, job opportunities increase the will to resist the temptations — and av...


Securities, Corporate

The SEC Sheds Light on Enforcement Procedures

Nov. 1, 2008
By Thomas A. Zaccaro

The Securities and Exchange Commission, the federal agency that regulates corporate transparency, now has provided some transp...


Civil Litigation

Keeping the Courthouse Door Open to Everyone - This Time

Oct. 23, 2008
By Rochelle Bobroff, Ian Millhiser

By applying one standard to low-income families, and another to the Republican Party, the 6th Circuit employed an unconscionab...


Insurance

Two recent cases will make some judges think at least twice before granting an insurer's summary motion, let alone a demurrer.


U.S. Supreme Court

War of the Words

Oct. 16, 2008
By Erwin Chemerinsky

An upcoming case on the Supreme Court's docket potentially provides the court with the occasion to bring First Amendment law c...


Law Practice, Government

Questioning Rhetoric

Oct. 16, 2008
By Robert L. Bastian Jr.

This election's candidates who are trained as lawyers have better used their skills to appropriately define issues and marshal...


Permitting the prosecution to adopt a label that rightfully includes those very "people" charged with deciding the case risks ...


Environmental & Energy, California Supreme Court

A Public Trust Renaissance

Oct. 7, 2008
By Richard M. Frank

The public trust doctrine, a cornerstone of modern environmental law in California, has been relatively quiescent in recent ye...


Judges and Judiciary

A Hollywood Ending?

Oct. 2, 2008
By Arthur Gilbert

The state Supreme Court had an easy opportunity to set a high standard for attorney conduct, and muffed it badly.


U.S. Supreme Court

An Important Term to Come

Oct. 1, 2008
By Erwin Chemerinsky

Guns and Guantanamo are so last term. Here's what's on the horizon for the U.S. Supreme Court's October 2008 term.


Government, Administrative/Regulatory

Lawyers Were Never the Problem

Sep. 25, 2008
By Robert L. Bastian Jr.

Entirely unregulated markets have resulted in a form of big-government socialism beyond would-be regulators' wildest dreams. T...


Constitutional Law

The Business of Pre-Emption

Sep. 18, 2008
By Erwin Chemerinsky

The Supreme Court is clearly giving little weight to its oft-stated presumption against finding pre-emption, writes Erwin Chem...


Family, Alternative Dispute Resolution

Settling the Score

Sep. 17, 2008
By Franklin R. Garfield

Since over 90 percent of all family law cases eventually settle, there is something to be said for trying to get it right the ...


Forget about criminologists and penologists. In considering how to deal with Sept. 11 conspirators, consult convicts, writes J...


Judges and Judiciary

Taking It Personally

Sep. 12, 2008
By Arthur Gilbert

Antonin Scalia's dissent in this year's Guantanamo ruling was disturbing because of its accusation that the majority has harme...


Judges and Judiciary

The recent news that George Schiavelli announced he was leaving the district bench,helps illustrate the paradox that, in a tim...


Law Practice

The Vice Contest: Pick Your Poison

Sep. 6, 2008
By Robert L. Bastian Jr.

In law, a party that doesn't want the evidence examined has something to hide, Robert Bastian writes. ...


Civil Rights

A Disabling Decision

Aug. 28, 2008
By Michael Waterstone

The Bush administration’s position that the strength of U.S. disability laws obviates the need to sign a U.N. human rights tre...


Entertainment & Sports

Judging by the Numbers

Aug. 26, 2008
By Robert L. Bastian Jr.

The contrast between the spectacle of the Olympics and the gritty reality of competition parallels with law, in particular, ru...


Environmental & Energy

That's Not What I Meant!

Aug. 14, 2008
By Jeffrey Dintzer

Why Your Company's Communications With Environmental Regulators Put It at Risk for Personal Injury Litigation and What You Can...


Law Practice

All the Law Is a Stage

Aug. 13, 2008
By Robert L. Bastian Jr.

Literature has always had compelling relevance to the law because of its ability to create and renew empathy and understanding.


Judges and Judiciary

Kozinski: Stay on the Bench, or Get Off the Court?

Aug. 5, 2008
By William Domnarski

By staying on as chief judge, Alex Kozinski is eroding the public's faith in the 9th Circuit, writes William Domnarski. - Foru...


9th U.S. Circuit Court of Appeals

Kozinski: Stay on the Bench, or Get Off the Court?

Aug. 5, 2008
By Erwin Chemerinsky

Judges are allowed to engage in legal behavior that does not affect their ability to carry out their duties, writes Erwin Chem...


Insurance

A Reversal of Fortunes

Aug. 2, 2008
By Rex Heeseman

Since the Supreme Court's ruling in 'Campbell' in 2003, there has been much appellate activity in analyzing jury awards of pun...