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Government, Judges and Judiciary

Keep judges out of politics

Aug. 22, 2018
By Noël Wise

Since the last effort in 2000, there has been little public discourse about the need to put a constitutional amendment on the ...


Administrative/Regulatory

Racing to get ahead of a looming consumer privacy ballot initiative in November, the California Legislature has enacted a new ...


Law Practice

The Seven Deadly (1L) Sins

Aug. 22, 2018
By Ira L. Shafiroff

With the academic year underway, first-year law school students need to be aware of the "seven deadly sins," critical missteps...


Earlier this month, the Internal Revenue Service issued proposed regulations on additional first-year depreciation deductions,...


Constitutional Law, Government, Judges and Judiciary

Cicero's warning: Eastern District emergency

Aug. 21, 2018
By Daniel O. Jamison

There are 677 district court judgeships nationwide. As of Monday, 126 were vacant with only 73 nominees pending. Many are judi...


Constitutional Law, Judges and Judiciary, U.S. Supreme Court

Stare decisis lite in the U.S. Supreme Court

Aug. 21, 2018
By Leonard L. Gumport

True or false: The U.S. Supreme Court gives more respect to its precedents interpreting the U.S. Constitution than to other pr...


California Courts of Appeal, Law Practice, Civil Litigation, Litigation & Arbitration

An appellate court weighs in on a settlement agreement included a confidentiality clause stating the parties and counsel would...


Appellate Practice, Civil Litigation, Law Practice

Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato


State Bar & Bar Associations, Law Practice

UC Irvine law: A dream come true

Aug. 20, 2018
By Andrew J. Guilford

As UCI’s law school celebrates its 10th anniversary, ranked 21st among all the nation’s law schools, reviewing those early com...


Civil Litigation, Tax

Even if Monsanto were to pay the verdict, new tax rules will be as effective as Roundup in swallowing up most of the big verd...


Contracts, Civil Litigation

Drafting contracts that sufficiently define material terms

MCLE
Aug. 20, 2018
By Ryan D. Kashfian, Robert A. Kashfian

One of the most important but frequently misunderstood issues in contract drafting is whether the material terms are sufficien...


Consider a common dilemma arising in divorce cases, particularly in places like Silicon Valley or Silicon Beach that are laden...


Criminal, Letters

The headline the Daily Journal chose for a recent story feeds into the hysteria being generated and exploited by the Trump adm...


Criminal, Letters

Cambodian ‘criminals’ headline was insensitive

Aug. 20, 2018
By Kenneth J. Sugarman

I was disappointed to see the group of human beings discussed in this article referred to in the headline as “Cambodian crimin...


California Courts of Appeal, Constitutional Law, U.S. Supreme Court

Retroactive tort liability and the First Amendment

Aug. 17, 2018
By Deborah J. La Fetra

Why were three companies singled out to pay an enormous “public nuisance” bill? Because in the first half of the 20th century,...


Books, Criminal

The traveling chair

Aug. 17, 2018
By Richard Wirick

Elizabeth Winthrop’s “The Mercy Seat” gives us a glimpse into the early days of the electric chair.


Civil Litigation, Tax, Litigation & Arbitration

Here are a few updated rules lawyers and clients should know about the taxation of settlements.


State Bar & Bar Associations

While the LSAT is dominant among law schools, the GRE is gaining ground as a more accessible alternative.


Government, Judges and Judiciary, U.S. Supreme Court

What to expect at confirmation hearings

Aug. 16, 2018
By Garrett M. Fahy

Judge Kavanaugh left quite a record for senators to sort through to prepare for his confirmation hearings, but there’s a few i...


Government, Labor/Employment

Last month, Gov. Jerry Brown signed into law amendments to the new “prior salary history” ban, “pay scale” disclosure requirem...


Administrative/Regulatory, Banking, Securities

Cryptocurrency security-status questions clarified by SEC

Aug. 16, 2018
By Jolene E. Negre, Michael W. Ross

In a recent speech, William Hinman, director of the Securities and Exchange Commission’s Division of Corporate Finance, began ...


Corporate, Government, Tax

On Aug. 8, the Internal Revenue Service released long-awaited proposed regulations for the new Internal Revenue Code Section 1...


Corporate, Government, Tax

Last month, the Internal Revenue Service issued proposed regulations describing the transition tax for controlled foreign corp...


Civil Litigation

Courts must confront the issue of personal jurisdiction over plaintiffs in venue-transfer cases rather than avoid it or assume...


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

Once more, Judge Diarmuid O’Scannlain has written an opinion for the 9th U.S. Circuit Court of Appeals striking down a state l...


Appellate Practice

How accurate is anecdotal wisdom about appellate briefs? I and a colleague tested it empirically and quantitatively. We found ...


Civil Rights, Criminal, Government

Bill could force law enforcement to face #MeToo

Aug. 15, 2018
By John D. Winer

Legislation pending in California would help force the fraternity of “boys in blue” to confront a history of suppressing and c...


Law Office Management, Law Practice

There are several core categories of expertise where outside professional help can be of benefit.


Government, Law Practice

Oyez Ioway

Aug. 14, 2018
By James Attridge

The words “Iowa” and “explore” are rarely used in the same sentence. But Michael Avenatti, the current public face of the Cali...


Civil Rights, Criminal, Government

Bill botches bail reform

Aug. 14, 2018
By Chesa Boudin

This week, the California State Senate will consider revisions to Senate Bill 10 that will eviscerate the right to pretrial re...