This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Columns

    Filter by date
     to 
    Search by Category
    Search by Headline

U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals

Do you have the right to privately support charities and causes you believe in? And what standard applies when the government ...


Immigration, Appellate Practice

Pants on fire

Jan. 12, 2021

In two cases this term, the U.S. Supreme Court will provide guidance on how appellate courts are to review the credibility of ...



Law Practice, Judges and Judiciary

Looks like our Democracy is intact. Whatever one’s politics or rationale for positions extreme and otherwise, the courts maint...


Judges and Judiciary, Government

Few people outside the legal profession realize that Luis Cespedes, the governor’s newly named Judicial Appointments Secretary...



In 2020 we saw some high-flying attorneys come crashing down due to ethical problems. While it is (hopefully) easy to see how ...


Law Practice, Judges and Judiciary, California Supreme Court

When it comes to terminology that is acceptable in legal briefs and judicial opinions, the California Style Manual is the bibl...



Despite statutory limitations, over the decades the California Coastal Commission’s mission and jurisdiction have steadily met...


Government, Criminal

Newly elected Los Angeles County District Attorney George Gascón is clearly a man on a mission to create new laws, whether the...



Law Practice, Judges and Judiciary

A well-reasoned appellate opinion came to my attention the other day. Its conclusion upheld the social decision-making rights ...


Constitutional Law, 9th U.S. Circuit Court of Appeals

Footage will provide a far richer and more accurate understanding of the legal issues and evidence presented during the trial ...



Tax, Law Practice

A combination of the evolving nature of lemon law litigation in California under the Song-Beverly Warranty Act and changes to ...


Real Estate, Law Practice, Judges and Judiciary

Across the country, most judicial proceedings have ground to a halt. But not eviction cases.



U.S. Supreme Court, Constitutional Law, Administrative/Regulatory

In a recent case the Supreme Court must grapple with a question of fundamental importance to any system of popularly accountab...


Law Practice, Judges and Judiciary

301*

Dec. 7, 2020

Granted, I made a big deal about my 300th column. When I brought it up in conversation, others would change the subject. I ack...



Government, Constitutional Law, Administrative/Regulatory

To ensure that agencies act within the law’s confines, courts, especially the Supreme Court, must hold those agencies accounta...


There are typically about 5,000 federal job openings that a new administration needs to fill; prospective Cabinet and sub-Cabi...



Law Practice

Officer of the court

Nov. 24, 2020

The lawyer’s job description is this: officer of the court. This is true without regard to whether the lawyer ever steps foot ...


Notwithstanding constitutional limitations, the Legislature has provided that in probate conservatorship proceedings — cases i...



Appellate Practice, Constitutional Law

Of late, the California Supreme Court has devoted a fair bit of its time to resolving ambiguities in several of the recently a...


Law Practice, Judges and Judiciary

The COVID-19 pandemic has forced courts all over the state to quickly adapt to new modes of operation. Civil operations in Ora...



Law Practice, Judges and Judiciary

Settlements are often largely within the control of the parties to structure to bring a case to resolution. However, when sett...


Next in the Negotiating Trauma & the Law series, Protima Pandey speaks about why her experiences across nonprofit, public,...



Civil Litigation, Data Privacy

Data privacy law is quickly becoming the hottest legal issue of the 2020s. Over the previous decade — amid the rapid growth of...


Every person who served in the United States' armed forces is not a "veteran," under the law. Instead, Congress gave the Depar...



Since 2008 when she was involuntarily placed into a probate conservatorship in California, she has not been able to control he...


Whether you live in a city, a suburb, or out in the country, you have probably seen a “private property” or “no trespassing” s...



Five years into California implementing the most sweeping change to state water law in a century, the first lawsuits are hitti...


Law Practice

300 years ago

Nov. 2, 2020

Arthur Gilbert and I have some things in common: we both have two first names — only mine, Gilbert Arthur, sounds literary. An...



We are now eight months into the Small Business Reorganization Act of 2019, which took effect in February. The act attempted t...


Mallika speaks to a deputy public defender about what the last decade of indigent defense work has taught her about the diffic...