Constitutional Law, Judges and Judiciary, Criminal
Broadly adopting remote appearances as a rule in the criminal context raises significant constitutional concerns.
Military Law, Government
The National Guard: Always ready, always there
For the past few decades, we have thought of the National Guard as being citizen soldiers, prepared to give up their civilian ...
Law Practice, Constitutional Law, Civil Rights
Goldilocks and the 3 Batson fixes
Batson’s prohibition is easy to articulate, but significantly harder to enforce.
Government, Constitutional Law
The governor’s emergency powers are just right
Although the state’s constitutional and statutory framework provide the governor with significant concentrated authority in a ...
Health Care & Hospital Law, Criminal
Release prisoners to address the COVID-19 crisis
Governor Newsom should address the COVID-19 crisis by addressing the prison overcrowding crisis. Our prisons are so badly over...
Law Practice, Criminal
Although Avenatti’s misconduct appears especially obvious in hindsight, many practitioners undoubtedly come closer to the line...
The “Varsity Blues” case in federal criminal court involving actress Lori Loughlin alleged illegal actions to improperly admit...
Labor/Employment
Coronavirus: Top 10 issues for employers
The coronavirus outbreak has caused concern for companies worldwide as they navigate and plan for its impact on their business...
Judges and Judiciary
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
Recent developments in veterans’ 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 ...
Constitutional Law, U.S. Supreme Court
When Justice Clarence Thomas dissented from the denial of certiorari last week in Howard and Karen Baldwin v. U.S., he lamente...
Law Practice, Judges and Judiciary
Algorithms and the persuadable judge
Algorithms might persuade, but only humans can be persuaded.
The increasing use of arbitration clauses, coupled with class action waivers in standard employment agreements, has led to a d...
U.S. Supreme Court, Immigration, Constitutional Law
Supreme Court to consider broad immigration-speech law
The federal government will defend the constitutionality of a law that prohibits “encouraging” or “inducing” undocumented nonc...
Labor/Employment, Civil Litigation, Alternative Dispute Resolution
Judge Kimberly Mueller issued a detailed written ruling earlier this month in which she stressed that the plaintiffs are “like...
Labor/Employment, Corporate
California’s law dictating the number of women who must be hired to the boards of publicly traded California corporations (whe...
Criminal, Constitutional Law
Face-to-face confrontation: Who should connect the dots?
The Sixth Amendment right to confront entails, among other things, the right to have a witness “physical[ly] presen[t]” in cou...
Civil Litigation, California Courts of Appeal
The unlikely setting of a depublication request in a recent case reveals the extent to which California lemon law litigation h...
Government, Administrative/Regulatory
What do the American Bible Society, Consumer Reports, Girl Scouts of the USA, and Sierra Club have in common? All of them use ...
The judicial career of the recently-passed Los Angeles County Superior Court Judge Philip Saeta is one that deserves more than...
Law Practice, Judges and Judiciary
Taking credit or blame for the future
Consider to what extent an incident, a moment in our past, is significant within the endless chain of what we think is cause a...
State Bar & Bar Associations, Legal Education, Law Practice
Keep California meritocratic
Americans, especially Californians, celebrate meritocracy, the idea that what what we do matters more than where we are from. ...
Law Practice, Judges and Judiciary
At the end of each year, for the past seven years, I have counted the number and type of motions that were decided in Departme...
Government, Constitutional Law, 9th U.S. Circuit Court of Appeals
In the almost two decades since 9/11, our nation has slowly started to restore the balance among the three branches of governm...
Recognizing the sea change in information technology in the 21st century, Congress is finally beginning to consider in earnest...
Legal Education, Law Practice
Legal profession surveys consistently show a persistent, systemic inclusivity problem: at 70% male and 88% white it is one of ...
Civil Litigation, Labor/Employment
As 2019 drew to a close, the National Labor Relations Board issued a number of notable National Labor Relations Act decisions,...
U.S. Supreme Court, Constitutional Law
Property rights at US high court in 2019
One leap forward and two missed steps
Law Practice, Judges and Judiciary
More than 43,000 adults with intellectual and developmental disabilities are living under the protection of California courts....