U.S. Supreme Court, Constitutional Law
SEARCH WARS: Return of the Judiciary
Whereas the first two articles looked at the present and the past, respectively, this article looks to the future by asking ho...
U.S. Supreme Court, Constitutional Law
SEARCH WARS: The Fifth Amendment Strikes Back
If the U.S. Supreme Court defined privacy in terms of what protects our personhood, it would obviate an inquiry into the wheth...
U.S. Supreme Court, Constitutional Law
SEARCH WARS: A New Hope for Definitional Clarity
A long time ago, in a courtroom far far away, a disturbance in the Fourth Amendment first manifested itself. ...
Law Practice
Don't let conflicts of interest get you down
After working hard to bring in a new client or matter, the prospect of losing the client or matter because of conflicts is dif...
Civil Rights
Third-party standing as an ADA accommodation on appeal
Because there are never any appeals by people with disabilities in limited conservatorship proceedings, appellate judges have ...
Law Practice
Knock knock! State Bar special master at your door
Since 1979, a select group of hand-picked individuals from the State Bar's Special Master's List have been responsible for car...
Civil Rights
As currently written, two bills in the U.S. Senate would only apply to state projects intended to improve guardianship and abu...
Civil Rights
Access to Justice: E(quality) = MC410
All attorneys should be aware that federal law requires government entities and businesses to provide reasonable accommodation...
Environmental & Energy, 9th U.S. Circuit Court of Appeals, Administrative/Regulatory
Rulings impact sustainable food movement
Earlier last month, the 9th Circuit issued three opinions that together addressed whether counties in Hawaii are preempted fro...
Civil Rights
Disability awareness all day, every day
For judges and attorneys who interact with litigants who have cognitive disabilities, every single day must be disability awar...
Civil Rights
Delay and denial of voting rights in California
In the meantime, some 32,000 people with disabilities in California will be kept from the polls in November. By Thomas F. Cole...
Criminal, Constitutional Law
A federal appellate court recently held that cellphone users do not have a reasonable expectation of privacy in their cellphon...
Constitutional Law, U.S. Supreme Court
Don't let technology leave privacy behind
A federal appellate court recently held that cellphone users do not have a reasonable expectation of privacy in their cellphon...
Criminal, Constitutional Law
Don't back government-sanctioned hacking
Congress should support the Stopping Mass Hacking Act and encourage legislative and public scrutiny of remote access searches ...
Judges and Judiciary
Court legal services program appears to violate ADA
Adults with developmental disabilities are receiving deficient legal services in limited conservatorship proceedings. By Thoma...
Appellate Practice
Legal system without appeals should raise eyebrows
Our legal system presupposes a considerable number of contested hearings and a fair number of appeals. Appellate courts play a...
Health Care & Hospital Law
Reform long overdue for conservatorship process
The conservatorship process for adults with developmental disabilities is broken. By Thomas F. Coleman ...
Law Office Management
Embrace Parentheticals
Concise arguments may be made using the (oft-ignored) parenthetical. ...
Law Office Management
The Urge to Exclaim
In legal writing, don't give in to the urge to exclaim. ...
Law Office Management
Your Own Style
Even in legal writing, find your own style to create compelling communication. ...
Books, Constitutional Law
The Classical Liberal Constitution
Erwin Chemerinsky is impressed and disturbed by Richard Epstein's The Classic Liberal Constitution. ...
Law Office Management
Where Do We Go from Here?
The U.S. Supreme Court's docket has been filled with blockbuster cases in recent years. Will the upcoming term continue that t...
Constitutional Law, Books
The Great Dissent
Erwin Chemerinsky reviews The Great Dissent: How Oliver Wendell Holmes Changed His Mind - and Changed the History of Free S...
Alternative Dispute Resolution
Ready, Aim, Mediate
Tips on how to have a successful mediation. ...
Law Office Management
Gay Marriage at the Supreme Court
Erwin Chemerinsky discusses what should we look for at the gay marriage oral argument at the U.S. Supreme Court in which advoc...
Civil Litigation
Jurisdiction and the Internet
The doctrine of "minimum contacts" takes on a new dimension when applied to a defendant who does business only over the Intern...
Law Office Management
Blockbuster Cases Ahead for SCOTUS
Cases on the U.S. Supreme Court's upcoming docket look to be as significant as those on last term's. ...
Law Practice
State Bar discipline: Public reprovals can hurt you
Don't be fooled - a public reproval for attorney misconduct can tarnish your image and hurt your business. ...
Law Practice
Now that I've gotten a State Bar letter, what's next?
Know thy adversary - what the State Bar considers when deciding to close an inquiry or investigation. ...
Law Practice
When Lawyers Collect More Than Clients Receive
Measures lawyers should take to secure client consent of the fee agreement. ...