Appellate Practice, Letters
Abolishing Oral Argument Is Disservice to Justice
By Richard Mosk, Norman L. Epstein
Norman L. Epstein and Richard M. Mosk of the 2nd District Court of Appeal comment on the need for oral argument.
The 9th Circuit was wrong to prevent victims of torture from suing because privileged state secrets might later become crucial...
Appellate attorneys spend serious time sorting through case law and facts. Enjoy this collection of judicial nuggets on law's ...
Fresno County is expected to invite bids from contract attorneys for criminal defense services. Will our system of justice be ...
Today, oral argument in most state appellate courts is an "empty ritual." So why not abolish oral argument to save time and mo...
Administrative/Regulatory
Verizon-Google's Proposal to Limit Net Neutrality Will Hurt Consumers
By John F. Stephens, Kanika D. Corley
Consumers will be cheated if Google-Verizon's proposal to block access to certain Internet content is approved, by John F. Ste...
Gangs can only thrive, or even exist, by default. They fill the void when children lack positive role models.
The moral of the story? Perhaps running against an exceptionally well-qualified judge demonstrates lack of judgment.
Mediators Have No Part To Play in Act 3
By A. Marco Turk
A state appellate court recently held that at the conclusion of mediation, the mediator is prohibited from clarifying any subs...
Intellectual Property
Ongoing Patent Royalties: How Should They Be Calculated?
By Craig E. Countryman
With courts being cautious about granting injunctions to ban future patent infringement, issues about ongoing patent royalties...
Criminal, Letters
Call to Governor: Change Death Row Sentences to Life in Prison
By John Montoya
By John F. Montoya of the Los Angeles deputy public defender's office. ...
Facts show that the death penalty is unmistakably dysfunctional. Repeal is the most practical option.
The sudden passing of a litigation partner and friend brings reflection on how to live a meaningful life.
Is implementation of capital punishment really justified? Here's the five explanations offered in favor of the death penalty.
9th U.S. Circuit Court of Appeals, Constitutional Law, U.S. Supreme Court
Free Speech Remains Free, No Matter How Unpopular the Message
By Charles S. Doskow
While lies and despicable speech may be offensive, it's these unpopular messages that most require constitutional protection. ...
The court encourages counsel to litigate meritorious FEHA claims, but an exaggerated fee request could hurt your case.
When should a "remote" causal act lead to no coverage? ...
Health Care & Hospital Law
Are There Too Many Medical Malpractice Claims or Not Enough?
By Bruce G. Fagel
With 65 percent of claims dropped, dismissed or withdrawn, a recent survey says the system is broken. In fact, the data proves...
Alternative Dispute Resolution
Raise the Limited Jurisdiction Threshold and Require Mediation
By Michael H. Leb
Given the depth of financial constraints, the judicial system is likely to collapse under its own weight. Mandatory mediation ...
AB 2765 seeks to extend the statute of limitations for recovering stolen art. Sound positive? Take a closer look.
Don't let doctrinaire politicians and special interest lobbyists spread fear about releasing our inmates to reduce the prison ...
Intellectual Property
The Shifting Tide: Courts Favoring ISPs in Copyright Infringement Battles
By John F. Stephens
There's a trend of copyright infringement decisions favoring Internet service providers that use filtering software to identif...
9th U.S. Circuit Court of Appeals, Constitutional Law
Wrong on the Law
By Erwin Chemerinsky
The 9th U.S. Circuit Court of Appeals' decision to stay same-sex marriages is practical but not justifiable under the law, by ...
Stephen F. Rohde of Rohde & Victoroff responds to criticism of Katherine Dramer's analysis of the Proposition 8 decision. ...
A state commission report suggesting the death penalty system needs a significant overhaul deserves consideration, by Stephen ...
Foreign Corrupt Practices Act ...
Health Care & Hospital Law
Improving Medical Care in California: Why Doctors Don't Care
By Bruce G. Fagel
Is the California Medical Association a guardian of health care for patients or protector of its member doctors' pocket books?...
Civil Litigation
Mediation Confidentiality: When Is Half a Loaf Better Than None?
By A. Marco Turk
When it comes to a cross-border directive concerning the legal status of mediation in civil and commercial matters, the remedy...
Gone are the days of hiding funds in foreign bank accounts. Are you compliant with Internal Revenue Service regulations?
With a growing fiscal deficit, the United States should follow Canada's lead. ...