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Judges and Judiciary

The Play’s the Thing

Mar. 8, 2011
By Arthur Gilbert

If the legal system had it's version of the Academy Awards, who would win the honor of Best Picture?


Alternative Dispute Resolution

The need to preserve "electronically stored information" has created new duties for lawyers. ...



Books, Civil Rights

Honoring the True Heroes of the Civil Rights Movement

Mar. 5, 2011
By Michael Waterstone

A recount of the African American struggle for voting rights that focuses on the real heroes of this movement. By Michael Wate...


Law Practice, Civil Litigation

Tips for steering a case toward a settlement.



Law Practice

Trust or Consequences

Feb. 25, 2011
By Timothy A. Tosta

Do not underestimate the importance of building trust in your professional relationships. ...


Alternative Dispute Resolution, California Supreme Court

The judiciary has adopted an interesting interpretation of legislative intent as it applies to California's mediation confiden...



Alternative Dispute Resolution, California Supreme Court

California's mediation confidentiality statute is a recipe for disaster.


Judges and Judiciary

A Supreme Court Above Reproach

Feb. 16, 2011
By Erwin Chemerinsky

Recent ethical concerns regarding certain U.S. Supreme Court justices call for change in law. By Erwin Chemerinsky of UC Irvin...



9th U.S. Circuit Court of Appeals, Appellate Practice, Civil Litigation

Do the current anti-SLAPP provisions strike the right balance? ...


Labor/Employment

The Rise of Disability Discrimination Claims

Feb. 15, 2011
By Diana Friedland

The recent spike in disability-related claims should motivate all employers to review their legal obligations.



Government

To U.S. Politicians: Dare to Lose

Feb. 10, 2011
By James P. Gray

Politicians should be willing to sacrifice their personal careers for the sake of rebuilding America. ...


Tax

When Overseas Income Is Tax Free

Feb. 8, 2011
By Robert W. Wood

How to exclude income earned overseas from your U.S. taxes. ...



Health Care & Hospital Law, Civil Litigation

Will Tort Reform Reduce Health Care Costs?

Feb. 8, 2011
By Bruce G. Fagel

The reality of tort reform is that it would have little impact on reducing health care costs.


Judges and Judiciary

The Unintended Consequences of Impatience

Feb. 8, 2011
By Arthur Gilbert

A lesson learned about the corrosive effect of impatience. ...



Judges and Judiciary, Law Practice

A Virtual Courtoom

Feb. 5, 2011
By Paul R. Kiesel

How today's technological capabilities can launch tomorrow's courtroom. ...


Civil Litigation

Delineations of privileged conversations become even more blurred. ...



Law Practice

The Power of Listening

Feb. 4, 2011
By Timothy A. Tosta

Lawyers can enrich their professional relationships by just listening. ...


Alternative Dispute Resolution

For a sobering glimpse at how little privacy an individual really has, look no further than the Internet.



Family

The Cost of Broken Promises

Feb. 3, 2011
By Mitchell A. Jacobs, Navid Moshtael

A house bought on unfulfilled promises can be costly in a divorce.


Corporate

Recent court decision expands consumer standing in unfair-competition law claims. By Eric B. Kingsley and Kelsey Peterson-More...



Appellate Practice

What to know when appealing an attorney fee award. By James C. Martin and David J. de Jesus of Reed Smith. ...


Ethics/Professional Responsibility, Law Practice

How to Safely Withdraw From a Case

Jan. 26, 2011
By Diane L. Karpman

Breaking up legal representation can be hard to do. ...



Constitutional Law, U.S. Supreme Court

Rejecting Originalism

Jan. 25, 2011
By Erwin Chemerinsky

Originalism is a flawed constitutional doctrine that leads to unacceptable results. By Erwin Chemerinsky of UC Irvine School o...


Alternative Dispute Resolution, California Supreme Court

Mediating Behind Closed Doors

Jan. 19, 2011
By Michael D. Marcus

Have we paid too high a price to preserve mediation confidentiality? ...



Alternative Dispute Resolution, Litigation & Arbitration

Arbitration on Trial

Jan. 15, 2011
By Lawrence Waddington

Arbitration continues to face challenges as an alternative to litigation. ...


Civil Litigation

Resorting to anger, prejudice or bigotry to make a point seems to have become the American way. ...



Intellectual Property

Litigation brought by Intellectual Ventures could shift the balance of interests involved in patent law. ...


Government

The Dirty Trick of Welfare

Jan. 12, 2011
By James P. Gray

Our welfare system should promote self-improvement, not dependency.



Real Estate/Development

Justice for Some

Jan. 11, 2011
By Gideon Kanner

Takings law rulings by the U.S. Supreme Court show that access to federal courts is difficult for ordinary folks. By Gideon Ka...


Judges and Judiciary

Profiles in Courage: The Sequel

Jan. 11, 2011
By Arthur Gilbert

Valiant examples of courage can be found in the most unusual of places. ...