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Correctional health experts have made clear that flattening the curve also requires significantly depopulating prisons, jails,...


Law Practice

House arrest

Apr. 6, 2020

Now I know what it’s like. I am under house arrest. Yes, I know I am not the only one. But I have a probation officer. Her nam...



Law Practice

Many lawyers do not become familiar with their firm’s lawyer professional liability, or LPL, insurance policies until it is to...


Criminal, Judges and Judiciary, Constitutional Law

Broadly adopting remote appearances as a rule in the criminal context raises significant constitutional concerns.



Military Law, Government

For the past few decades, we have thought of the National Guard as being citizen soldiers, prepared to give up their civilian ...


Civil Rights, Law Practice, Constitutional Law

Batson’s prohibition is easy to articulate, but significantly harder to enforce.



Government, Constitutional Law

Although the state’s constitutional and statutory framework provide the governor with significant concentrated authority in a ...


Law Practice, Civil Litigation

A working group from the New York City Bar Association recently proposed (as of March 1, 2020) changes to its rules to permit ...



Law Practice, Civil Litigation

What level of technical knowledge should lawyers demonstrate competency in e-discovery from an ethical perspective? This artic...


Criminal, Health Care & Hospital Law

Governor Newsom should address the COVID-19 crisis by addressing the prison overcrowding crisis. Our prisons are so badly over...



Although Avenatti’s misconduct appears especially obvious in hindsight, many practitioners undoubtedly come closer to the line...


Law Practice

How to protect yourself from fee disputes in a new day and age.



The “Varsity Blues” case in federal criminal court involving actress Lori Loughlin alleged illegal actions to improperly admit...


The Daily Journal is a legal periodical. Right? Any reader who disagrees, I advise not to read the remainder of this column.



Military Law, Health Care & Hospital Law

Justice Eileen Moore, a veteran, reviews several important developments in veterans’ law at both the state and federal level.


Government, Labor/Employment

One-size-fits-all solutions never fit anyone very well. That is especially true when it comes to picking a career. California ...



In recent years, the number of electronic device searches at the border has skyrocketed as part of an increased focus on borde...


U.S. Supreme Court, Constitutional Law

When Justice Clarence Thomas dissented from the denial of certiorari last week in Howard and Karen Baldwin v. U.S., he lamente...



Judges and Judiciary, Law Practice

Algorithms might persuade, but only humans can be persuaded.


Is the role of the attorney general “being an ‘attorney for the president or the country’”?



Labor/Employment

The increasing use of arbitration clauses, coupled with class action waivers in standard employment agreements, has led to a d...


Attorneys generally may not directly solicit potential clients to provide legal help. This prohibition is meant to alleviate t...



Immigration, Constitutional Law, U.S. Supreme Court

The federal government will defend the constitutionality of a law that prohibits “encouraging” or “inducing” undocumented nonc...


State Bar & Bar Associations

Any allegation of professional misconduct by the State Bar prosecutor’s office is cause for serious concern for an attorney. B...



Civil Litigation, Labor/Employment, Alternative Dispute Resolution

Judge Kimberly Mueller issued a detailed written ruling earlier this month in which she stressed that the plaintiffs are “like...


California’s law dictating the number of women who must be hired to the boards of publicly traded California corporations (whe...



TA recent ethics opinion from the State Bar discusses the ethical obligations of both an attorney departing a law firm, akin t...


State Bar & Bar Associations

This question was raised recently in opposition to proposals by the State Bar of California regarding fee-sharing and nonattor...



Criminal, Constitutional Law

The Sixth Amendment right to confront entails, among other things, the right to have a witness “physical[ly] presen[t]” in cou...


California Courts of Appeal, Civil Litigation

The unlikely setting of a depublication request in a recent case reveals the extent to which California lemon law litigation h...