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Constitutional Law, Criminal, U.S. Supreme Court

Giving full effect to a jury acquittal

Feb. 20, 2018
By Jeffrey L. Bornstein, Andrew G. Spore

On Tuesday, the Supreme Court hears arguments in an important double jeopardy case.


Appellate Practice, Judges and Judiciary, Law Practice

On Moot Court

Feb. 20, 2018
By Myron Moskovitz

Over the years, my view of the usefulness of moot courts has evolved.


Administrative/Regulatory, Corporate, Government, International Law

Latin America’s wave of anticorruption laws

Feb. 20, 2018
By Michael M. Farhang

As trade among the U.S. and Latin American countries has increased, so has the need for effective anticorruption measures to e...


Alternative Dispute Resolution, Civil Rights, Corporate, Government, Labor/Employment, Law Practice, Civil Litigation

This is especially true because the letter relies on a bit of sophistry. Their arguments do not withstand scrutiny.


Corporate, Tax

The recently enacted Tax Cuts and Jobs Act institutes sweeping changes to the tax code on many levels, but one of the most sig...


Administrative/Regulatory, Government

Slouching towards an electronic frontier

Feb. 16, 2018
By Jason S. Leiderman

Grateful Dead lyricist and internet activist John Perry Barlow passed away last week. So who will pick up where he left off?


California Courts of Appeal, California Supreme Court, Criminal, Law Practice, Civil Litigation

The California Supreme Court revised an expert’s ability to rely on hearsay not long ago. Earn MCLE credit catching up with wh...


Civil Rights, U.S. Supreme Court

America’s first civil rights case: The Amistad

Feb. 16, 2018
By James Attridge

History's ultimate "bar exam question" is the fact pattern in United States v. Libellants of the Schooner Amistad, the U.S. Su...


Administrative/Regulatory, Corporate, Government, Securities

Recent remarks by SEC Chair Jay Clayton suggest the commission is taking a common-sense approach to its role in regulating vir...


Ethics/Professional Responsibility, Law Practice

30 tips for avoiding legal malpractice claims

Feb. 16, 2018
By Dan L. Stanford

During over three decades of prosecuting legal malpractice claims, I have been asked over and over again for concrete ideas to...


Alternative Dispute Resolution

In a mediation, simply hoping that the plane won't crash in the face of objective evidence that might just do that is hardly a...


Administrative/Regulatory, Tax

Taxes are an ever-present danger, and it is clear that the IRS is on the hunt. The IRS is pursing tax enforcement with summons...


Law Practice, Civil Litigation

Brian Panish of Los Angeles: A vanishing breed

Feb. 15, 2018
By James R. Rosen

His eye-popping trial verdicts and record-setting results over the last two-plus decades are already legendary.


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

A penny for your thoughts

Feb. 15, 2018
By Brian M. Hoffstadt

“The only constant is change.” Heraclitus may have been talking about life. But he might as well have been talking about the c...


Corporate, Intellectual Property, Civil Litigation

Federal Circuit illuminates two-prong direct infringement test

Feb. 15, 2018
By Andrea Jill Weiss Jeffries, Steven J. Corr

A ruling clarifies that parties without a contractual relationship who each perform separate steps of a method claim can satis...


Administrative/Regulatory, Insurance, Civil Litigation

Insuring the product liability risks of cannabis

Feb. 15, 2018
By Ian A. Stewart, Francis J. Mootz

Businesses must be careful to ensure that they are properly insured for the substantial risks they face.


Criminal

On Feb. 5, San Francisco's public defender, Jeffrey Adachi, wrote an op-ed for the L.A. Times criticizing judges' and prosecut...


State Bar & Bar Associations, Civil Rights, Judges and Judiciary, Law Practice

Law clinics key to bridging access-to-justice gap

Feb. 14, 2018
By Michael Waterstone

On Wednesday, Loyola Law School will formally open our Loyola Social Justice Law Clinic, a consolidated space on campus.


9th U.S. Circuit Court of Appeals, Labor/Employment

Let’s talk about a ‘hybrid’ worker

Feb. 14, 2018
By Eric B. Kingsley

Last week, a federal judge ruled that Raef Lawson was not an employee of GrubHub during his four-month stint as a driver for t...


Constitutional Law, Government

The president and the law

Feb. 13, 2018
By Erwin Chemerinsky

Law professors and lawyers must provide clear answers on president questions.


Civil Rights, Constitutional Law, U.S. Supreme Court

Having cake in Kern County

Feb. 13, 2018
By Julie A. Werner-Simon

People clamored onto the courthouse steps in the case of the baker who declined to make a cake for a gay couple’s nuptials — o...


Administrative/Regulatory, Corporate, Entertainment & Sports, Intellectual Property

2018 starting off great for anti-piracy advocates

Feb. 13, 2018
By Brandon T. Milostan, Douglas E. Mirell

First, an ISP was held liable for not blocking a copyright infringer, and now a California federal court has issued an injunct...


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

The 9th Circuit is at the intersection of the First Amendment and public health with American Beverage Association v. City and...


Constitutional Law, Government, U.S. Supreme Court

Our Constitution keeps on ticking

Feb. 13, 2018
By Kris Whitten

We do not know how current disputes will be resolved, but thanks to the Constitution’s Framers, we have a process for resolvin...


Administrative/Regulatory, Corporate, Government, Transportation

The future of privacy

Feb. 13, 2018
By Jonathan A. Michaels

Consider that the first space shuttle contained some 500,000 lines of software code. Today, the average 2018 automobile contai...


Labor/Employment

Workplace romance in the age of #metoo

Feb. 13, 2018
By Danielle H. Moore, Megan E. Walker

With the confessional floodgates open, our current society has a renewed awareness of harassment likely unseen since Anita Hil...


Administrative/Regulatory, Corporate, Environmental & Energy, Government

While most of the 2018 revisions have been characterized as simple clarifications, they also appear likely to spawn an entire ...


California Supreme Court, Construction, Corporate, Civil Litigation

Intentional interference claims and losing bidders

Feb. 13, 2018
By Garret D. Murai

What about after a contract is awarded? Is there a remedy available to unsuccessful bidders after an apparent low bidder is aw...


Banking, Government, Tax

If passed, Arizona's Senate Bill 1091 would allow income taxes to be paid in bitcoin and other cryptocurrency that is approved...


Ethics/Professional Responsibility

When an attorney discovers she has received privileged documents in error, crucial ethics questions arise, and they have serio...