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Constitutional Law

A Distorted System of Constitutional Remedies

Apr. 26, 2011
By Robert L. Bastian Jr.

The U.S. Supreme Court has made a disturbing pattern of mistakes when interpreting civil rights legislation.


Real Estate/Development

Should the Courts Help Los Angeles Commit Fiscal Suicide By Mistreating Property Owners?



Constitutional Law

A Distorted System of Constitutional Remedies

Apr. 21, 2011
By Robert L. Bastian Jr.

Federal courts have undermined prosecution of civil rights violations commited by public employees under color of law.


Civil Litigation

E-Discovery Ethical Considerations

Apr. 16, 2011
By A. Marco Turk

Staying within the ethical bounds of e-mediation requires technical knowledge and moral restraint. ...



Appellate Practice, Civil Litigation

Obtaining and Challenging Appellate Cost Awards

Apr. 15, 2011
By Alana H. Rotter

Two state appellate court decisions disagree on when a cost award is appealable.


The Senate's filibuster requirement flouts the Constitution's intention that matters be decided by majority rule. ...



Civil Rights, Labor/Employment

We’re All Individuals With Disabilities Now

Apr. 13, 2011
By D. Gregory Valenza

New amendments to the Americans With Disabilities Act zeroes in on employers who question whether their employees have disabil...


Judges and Judiciary, Letters

AB 1208 Embraces Necessary Judicial Reform

Apr. 9, 2011
By W. Kent Hamlin

Judge W. Kent Hamlin of the Fresno County Superior Court responds to "Prematurely Attending One's Own Funeral." ...



Law Practice, Civil Litigation

If delivered well, opening statements can be key to convincing a jury.


Law Practice

Lawyers may be held responsible for their client's illegal actions even if they were not directly complicit. ...



Judges and Judiciary

Prematurely Attending One’s Own Funeral

Apr. 5, 2011
By Arthur Gilbert

What's the connection between Freemasons, Mozart's funeral music and the courts?


Civil Litigation

E-Discovery: Navigating Rough Waters

Apr. 2, 2011
By A. Marco Turk

For many, managing e-discovery is like learning a new language. ...



Judges and Judiciary

Proposed Bill Major Setback for the State’s Courts

Mar. 31, 2011
By Erwin Chemerinsky

Enactment of AB1208 would reverse the benefits of centralization that our court system has achieved. By Erwin Chemerinsky of U...


Government, Letters

In Support of Unlimited Executive Power

Mar. 30, 2011
By Stephen F. Rohde

Stephen Rohde responds to "Jewish Bar Examines Nazi Judges' Blind Eye." ...



Civil Litigation

Proactive Attack Through Declaratory Relief

Mar. 30, 2011
By Stephan Mihalovits

Seeking declaratory relief can help a company avoid the damage that comes from being sued.


Law Practice

The Power of Story

Mar. 29, 2011
By Timothy A. Tosta

Perfecting the art of storytelling can help attorneys be more effective communicators. ...



Government, Labor/Employment

A fire that killed 146 employees in 1911 reminds us that government involvement isn't always a bad thing. ...


Judges and Judiciary

Progress Made, Progress to Be Made

Mar. 24, 2011
By Wendy Chang

Confirming two pending judicial nominees would add needed diversity to the federal judiciary. By Wendy Chang, Hinshaw & Cu...



Civil Rights, Constitutional Law

One Step Closer to a 'More Perfect Union’

Mar. 23, 2011
By Stephen F. Rohde

In a victory for religious freedom, a Muslim woman wins the right to wear her headscarf in a detention facility. ...


Labor/Employment

Don’t Break Out the Champagne Yet

Mar. 23, 2011
By Eric B. Kingsley

The debate continues over a recent state appellate case involving attorney fees and wage and hour litigation.



Constitutional Law

The U.S. Supreme Court should give greater power to the states to decide First Amendment issues. By Kris Whitten of the state ...


Alternative Dispute Resolution

E-Discovery: Brave New World of Lawyering

Mar. 19, 2011
By A. Marco Turk

E-discovery - law's new frontier - will change the way that litigators conduct their work. ...



Law Practice, Civil Litigation

Professional Tools for Litigators: Depositions

Mar. 18, 2011
By James P. Gray

Depositions can be very helpful in litigation, but it is essential that they be carefully planned and well thought-out. ...


Attack on Net Neutrality, What Gives?

Mar. 18, 2011
By John F. Stephens

Why is there so much resistance to something as simple as net neutrality? ...



Constitutional Law

Hard Cases Can Make Good Law

Mar. 17, 2011
By Erwin Chemerinsky

In a difficult case, the U.S. Supreme Court reaffirms a long-standing principle of the First Amendment. By Erwin Chemerinsky o...


Intellectual Property

When Is a Patent Troll a Patent Troll?

Mar. 16, 2011
By Lawrence M. Hadley

Use of the term "patent troll" is meant to prejudice and can curtail the rights of property owners.



Insurance, Civil Litigation

To reduce exposure to privacy-related litigation, retailers should review their current insurance policies and update them if ...


Labor/Employment

When Is Workplace Discrimination Unlawful?

Mar. 11, 2011
By Thomas L. Dorogi

An action should qualify as "discriminatory" if the main motivation behind it is unlawful.



Constitutional Law

The Best Antidote to Hate Speech Is More Speech

Mar. 10, 2011
By Stephen F. Rohde

Staying true to the First Amendment requires that we allow all kinds of speech, even those which society deems offensive. ...


Criminal

The objective test set by the Supreme Court for Confrontation Clause cases actually opens the door to greater subjectivity fro...