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.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...
Columns

    Filter by date
     to 
    Search by Category
    Search by Headline

Military Law

Wanna bet which proves more effective in speeding up justice for veterans… more government regulations or class action lawyers?


Law Practice, Judges and Judiciary

Public officials, even judges, may sometimes give voice to social issues



The top-down approach to conservatorship reform has been tried for nearly 15 years with very little success. Perhaps it is tim...


Tax, International Law

Before gifting to foreign charities (through checks, credit cards or Venmo), consider that charitable giving outside this coun...



Law Practice, Law Office Management

The experience of managing a law firm during the 12-plus months since California Gov. Gavin Newsom issued his March 19, 2020, ...


As the administrative state has expanded, so too has the importance of the Freedom of Information Act. FOIA ensures public scr...



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

A fundamental aspect of private property is that the owner can choose whom to let onto the property and who to exclude as a tr...


Military Law, Civil Rights

Does the military really want women in its ranks?



Constitutional Law

A recent 9th Circuit decision was the first appellate ruling to permit a lawsuit to proceed on a challenge to forced membershi...


U.S. Supreme Court, Law Practice

So fresh, so clean

Mar. 3, 2021

If you don’t spend a lot of time on #appellatetwitter, you may have missed a recent momentous event in citation history.



A measure relating to appointed legal counsel in probate conservatorships was recently introduced into the California Assembly.


San Francisco lost sight of a simple truth when it decided that condo conversions presented an opportunity to require property...



Judges and Judiciary, Law Practice, California Courts of Appeal, Appellate Practice

To follow up on last month’s column “Revelations,” this column centers on, not centers around, opinion writing.


In 2005, the U.S. Supreme Court issued a vexing decision in Castle Rock v. Gonzales. There, the court found that a do...



Alternative Dispute Resolution

A mediation checklist

Feb. 24, 2021

Clients should also be told about the risks of litigation, including trial, mediation costs and the financial advantages and d...


Alternative Dispute Resolution

As a result of COVID-19, we all have experienced a state of seemingly unrelenting fear and panic, with family and health conce...



Health Care & Hospital Law, Data Privacy

On Jan. 21, the Department of Health and Human Services issued a notice of proposed rulemaking to modify the HIPAA privacy rul...


U.S. Supreme Court, Constitutional Law

To collect $1,200 plus interest, a Nebraska county took Walter Barnette’s land worth $25,000 and gave it to an investor. Walte...



The California Judges Association has established an Award that will be given every three years to an exceptional judicial out...


When the Federal Rule of Civil Procedure 23 was amended in late 2018, one of the amendments opened the door to using electroni...



Law Practice

Next in the Negotiating Trauma & the Law Series, Professor Ty Alper speaks about representing clients on death row; being ...


Judges and Judiciary, Appellate Practice

Revelations

Feb. 1, 2021

Well-known appellate attorney Jon Eisenberg complained to the Judicial Performance Commission about delays in filing opinions ...



On President Joe Biden’s first day in office, the Department of Homeland Security announced that it would stop adding people t...


Civil Litigation

Personal jurisdiction can be a powerful tool against forum shopping by the filing plaintiff. It is imperative to spot the issu...



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...



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...