Constitutional Law
A Distorted System of Constitutional Remedies
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 Gideon Kanner
Should the Courts Help Los Angeles Commit Fiscal Suicide By Mistreating Property Owners?
Constitutional Law
A Distorted System of Constitutional Remedies
By Robert L. Bastian Jr.
Federal courts have undermined prosecution of civil rights violations commited by public employees under color of law.
Staying within the ethical bounds of e-mediation requires technical knowledge and moral restraint. ...
Appellate Practice, Civil Litigation
Obtaining and Challenging Appellate Cost Awards
By Alana H. Rotter
Two state appellate court decisions disagree on when a cost award is appealable.
Government
The Filibuster Rule: Past Practice Should Not Preclude Proper Process
By Charles S. Doskow
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
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
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
Professional Tools For Litigators: Opening Statements
By James P. Gray
If delivered well, opening statements can be key to convincing a jury.
Law Practice
Anthony Pellicano Strikes Again and Lawyers Are the Losers
By Timothy D. Reuben
Lawyers may be held responsible for their client's illegal actions even if they were not directly complicit. ...
What's the connection between Freemasons, Mozart's funeral music and the courts?
For many, managing e-discovery is like learning a new language. ...
Judges and Judiciary
Proposed Bill Major Setback for the State’s Courts
By Erwin Chemerinsky
Enactment of AB1208 would reverse the benefits of centralization that our court system has achieved. By Erwin Chemerinsky of U...
Stephen Rohde responds to "Jewish Bar Examines Nazi Judges' Blind Eye." ...
Seeking declaratory relief can help a company avoid the damage that comes from being sued.
Perfecting the art of storytelling can help attorneys be more effective communicators. ...
Government, Labor/Employment
Triangle Shirtwaist Co. Fire 100 Years Later: Government Can Be the Solution
By Eric B. Kingsley
A fire that killed 146 employees in 1911 reminds us that government involvement isn't always a bad thing. ...
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’
By Stephen F. Rohde
In a victory for religious freedom, a Muslim woman wins the right to wear her headscarf in a detention facility. ...
The debate continues over a recent state appellate case involving attorney fees and wage and hour litigation.
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
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
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?
By John F. Stephens
Why is there so much resistance to something as simple as net neutrality? ...
In a difficult case, the U.S. Supreme Court reaffirms a long-standing principle of the First Amendment. By Erwin Chemerinsky o...
Use of the term "patent troll" is meant to prejudice and can curtail the rights of property owners.
Insurance, Civil Litigation
Song Beverly Act Violations: Don’t Forget About Insurance
By Linda D. Kornfeld
To reduce exposure to privacy-related litigation, retailers should review their current insurance policies and update them if ...
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
By Stephen F. Rohde
Staying true to the First Amendment requires that we allow all kinds of speech, even those which society deems offensive. ...
The objective test set by the Supreme Court for Confrontation Clause cases actually opens the door to greater subjectivity fro...