U.S. Supreme Court, Government, Constitutional Law
Major questions about the major questions doctrine
Don’t miss the broader legal significance of the Supreme Court’s vaccine-or-test cases.
Securities, Law Practice, Civil Litigation
As we enter the third month of 2022 amid swirling uncertainty in many aspects of professional and personal life, legal practit...
While my colleagues and I strongly support education and awareness to heighten our sensitivity to implicit bias, I cannot help...
Military Law, Labor/Employment, Criminal
What led up to recent executive order making sexual harassment an offense under the Uniform Code of Military Justice?
Almost immediately after the filing of a new complaint or a decision on a dispositive motion, attorneys may receive a call fro...
State Bar & Bar Associations, Government
How do we hold attorneys accountable for alleged misconduct that is not a matter of shortchanging clients, but rather an effor...
Intellectual Property, Civil Litigation
As part of its fair use analysis, the district court opined that Corellium’s use was transformative: Its product did not merel...
A few weeks ago in the California Court of Appeal, Arthur Lange tried to get the benefit of the exclusionary rule. As defendan...
U.S. Supreme Court, Land Use, Constitutional Law
This is the story of a California couple caught in the cross-hairs of environmental bureaucracy bent on revenge for the crime ...
While the U.S. government has made some recognition of its of policy regarding China, it’s important to ask whether corporate ...
Military Law, Health Care & Hospital Law, Civil Litigation
Allegations of institutionalized racism at the VA
I cannot say I was surprised when I read a complaint filed last July in Connecticut federal district court on behalf of Black ...
Labor/Employment, Civil Litigation, California Supreme Court
In a recent decision, the California Supreme Court rejected a line of cases that required plaintiff-employees to satisfy the t...
U.S. Supreme Court, Administrative/Regulatory
On Monday, the U.S. Supreme Court granted certiorari in Axon Enterprise, Inc. v. Federal Trade Commission to decide whether fe...
Administrative/Regulatory
Californians often take for granted that our consumer protections are muscular and new chemical dangers are addressed with an ...
State Bar & Bar Associations, Law Practice, Law Office Management
The Commercialization of the Law
From public service to big business
U.S. Supreme Court, Labor/Employment, Government
On Thursday, the U.S. Supreme Court rejected the Biden administration’s effort to turn the Occupational Safety and Health Admi...
Law Practice, Civil Litigation
Practitioners representing survivors of sexual abuse sue the State of the Vatican City (i.e., Holy See) because they argue tha...
Law Practice, Judges and Judiciary, Covid Court Ops, Covid Columns
Last week, the Central District of California announced the suspension of civil and criminal jury trials.
What appellate courts have said about Penal Code Section 1170.91
Will try to be optimistic about the future. Sorry, I can only try. But I can be certain about a resolution that is an acknowle...
Judges and Judiciary, Criminal
A victim of domestic violence is expected to speak to dozens of players up and down the chain of our various legal systems, fr...
Torts/Personal Injury, Law Practice
When I speak with other managing and supervising partners at plaintiffs' firms across California about this need to soldier on...
Law Practice, Judges and Judiciary, Covid Court Ops
State of LASC's Civil Division: 2021-2022
As 2021 comes to an end, we wanted to report on what the Los Angeles County Superior Court has been able to do this year and p...
U.S. Supreme Court, Education Law, Civil Rights
Should racial preferences in university admissions be legal? The U.S. Supreme Court has an opportunity to revisit that hotly d...
Despite having knowledge of major deficiencies with every part of the probate conservatorship system, Chief Justice Tani Canti...
Where the Legislature is silent about retroactivity, courts presume that the new statute will apply to all defendants whose ca...
Constitutional Law, 9th U.S. Circuit Court of Appeals
9th Circuit again defies the Supreme Court in Duncan
District Judge Roger T. Benitez applied the Supreme Court’s Heller test, holding that California’s ban was unconstitutional (a...
U.S. Supreme Court, Constitutional Law
On December 1, the Supreme Court’s engagement on the topic of abortion was much more public and formal. A nearly two-hour-long...
To argue that prohibiting states from restricting pre-viability abortions allows the Supreme Court to avoid the philosophical ...
Military Law, Law Practice, Government
Are we turning our back on our veterans... again?
It’s beginning to look a lot like bias / Everywhere you go / Take a look at Cal and the feds, not listening once again / Just ...