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U.S. Supreme Court, Constitutional Law

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

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

A long time ago, in a courtroom far far away, a disturbance in the Fourth Amendment first manifested itself. ...


After working hard to bring in a new client or matter, the prospect of losing the client or matter because of conflicts is dif...



Because there are never any appeals by people with disabilities in limited conservatorship proceedings, appellate judges have ...


Since 1979, a select group of hand-picked individuals from the State Bar's Special Master's List have been responsible for car...



As currently written, two bills in the U.S. Senate would only apply to state projects intended to improve guardianship and abu...


Civil Rights

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

Earlier last month, the 9th Circuit issued three opinions that together addressed whether counties in Hawaii are preempted fro...


Civil Rights

For judges and attorneys who interact with litigants who have cognitive disabilities, every single day must be disability awar...



In the meantime, some 32,000 people with disabilities in California will be kept from the polls in November. By Thomas F. Cole...


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

A federal appellate court recently held that cellphone users do not have a reasonable expectation of privacy in their cellphon...


Criminal, Constitutional Law

Congress should support the Stopping Mass Hacking Act and encourage legislative and public scrutiny of remote access searches ...



Judges and Judiciary

Adults with developmental disabilities are receiving deficient legal services in limited conservatorship proceedings. By Thoma...


Appellate Practice

Our legal system presupposes a considerable number of contested hearings and a fair number of appeals. Appellate courts play a...



Health Care & Hospital Law

The conservatorship process for adults with developmental disabilities is broken. By Thomas F. Coleman ...


Law Office Management

Concise arguments may be made using the (oft-ignored) parenthetical. ...



Law Office Management

The Urge to Exclaim

Sep. 2, 2014

In legal writing, don't give in to the urge to exclaim. ...


Law Office Management

Your Own Style

Aug. 2, 2014

Even in legal writing, find your own style to create compelling communication. ...



Books, Constitutional Law

Erwin Chemerinsky is impressed and disturbed by Richard Epstein's The Classic Liberal Constitution. ...


Law Office Management

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

Aug. 2, 2013

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

Apr. 2, 2013

Tips on how to have a successful mediation. ...



Law Office Management

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

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

Cases on the U.S. Supreme Court's upcoming docket look to be as significant as those on last term's. ...


Don't be fooled - a public reproval for attorney misconduct can tarnish your image and hurt your business. ...



Know thy adversary - what the State Bar considers when deciding to close an inquiry or investigation. ...


Measures lawyers should take to secure client consent of the fee agreement. ...