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Constitutional Law, U.S. Supreme Court

The Cross on the Hill

Oct. 15, 2009
By Erwin Chemerinsky

Erwin Chemerinsky of UC Irvine, School of Law dissects Salazar v. Buono, an Establishment Clause case set for review by the U....


Judges and Judiciary

The Budget Cut Conundrum

Oct. 14, 2009
By Arthur Gilbert

Presiding Justice Arthur Gilbert talks about budget cuts and the judiciary from an insider's point of view. ...



Henry Carbajal of Fenwick & West presents a strategic consideration of computer crime statutes in civil litigation. ...


Insurance

When Are Accidents Covered?

Oct. 7, 2009
By Rex Heeseman

Policyholder intent seems paramount in determining whether accidents are covered. ...



Constitutional Law, U.S. Supreme Court

Stare Decisis—or Not

Oct. 2, 2009
By Erwin Chemerinsky

Cases that run the gamut from free speech to the right against self-incrimination fill the U.S. Supreme Court’s 2009-10 docket...


Alternative Dispute Resolution

Mediation Advocacy

Oct. 2, 2009
By A. Marco Turk

Marco Turk of California State University Dominguez Hills says creative lawyering skills are needed to resolve disputes in med...



Government

Not So Black and White

Oct. 1, 2009
By Robert L. Bastian Jr.

Robert Bastian Jr. of Law Offices of Bastian & Dini says California shamefully shields perpetrators of poorly executed pol...


Law Practice

Mitchell Kamin and David Lash sound the trumpet, seeking passage of the Sargent Shriver Civil Counsel Pilot Program, A.B. 590...



Constitutional Law

Calling for Patriot Act Reform

Sep. 26, 2009
By Stephen F. Rohde

Stephen Rohde of the American Civil Liberties Union Foundation says reform is needed to correct abuses. ...


Law Practice

I Know Your Type...

Sep. 19, 2009
By Timothy A. Tosta

Timothy Tosta of Luce Forward uses the Enneagram system's personality typologies to improve work relations. ...



Environmental & Energy, U.S. Supreme Court

Past As Prologue?

Sep. 18, 2009
By Richard M. Frank

Richard Frank of UC Berkeley School of Law says the Supreme Court's handling of environmental cases may mirror the past. ...


Law Practice

The Law of Diminishing Returns

Sep. 9, 2009
By William Domnarski

A lawyer may get more money with value-added billing, but he or she will also become less of a professional, writes William Do...



Antitrust & Trade Reg., Corporate, Securities

The New Sheriff in Town

Sep. 3, 2009
By Thomas A. Zaccaro

William F. Sullivan, Thomas A. Zaccaro, Morgan J. Miller and Neil J. Schumacher speculate on how the new head of the SEC's enf...


Alternative Dispute Resolution

Method Acting

Sep. 2, 2009
By A. Marco Turk

Contrary to what some might think, not every mediation falls into a specific method to be applied. Each situation is different.



Appellate Practice

Don't Blow Your Cover

Aug. 28, 2009
By Benjamin G. Shatz

Benjamin G. Shatz discusses best practices for a great cover up - appellate brief covers, that is. ...


Civil Litigation

Class Confusion

Aug. 26, 2009
By Aashish Y. Desai

Today, it seems as if every week a new decision emerges regarding class actions.



Environmental & Energy

Cleaning Up Their Act

Aug. 21, 2009
By Jeffrey Dintzer

A recent case in which EPA officials were forced to give depositions is a reminder that no public official is above accountabi...


Civil Rights, International Law

Back On Track

Aug. 19, 2009
By Michael Waterstone

President Obama's announcement that the United States will sign the U.N. Convention on the Rights of Persons With Disabilities...



Civil Rights, Criminal

Duty-Bound

Aug. 18, 2009
By Stephen F. Rohde

The failure to prosecute those suspected of violating the law through torture will embolden other parties to the Convention Ag...


Appellate Practice

The Naming of 'Catz'

Aug. 15, 2009
By Benjamin G. Shatz

Is a clerical error like a misspelled name enough to warrant extending the time to file a notice of appeal, ask Benjamin G. Sh...



Insurance

An Ongoing Dispute

Aug. 13, 2009
By Rex Heeseman

Both sides in insurance bad faith litigation need to continue monitoring developments to the genuine dispute doctrine. ...


Constitutional Law, Criminal, U.S. Supreme Court

Not a Minimalist Court

Aug. 13, 2009
By Erwin Chemerinsky

Contrary to claims that the Roberts court is a minimalist one, many of the criminal cases tackled this term showed unnecessary...



Law Practice

Metaphors Matter

Aug. 11, 2009
By Timothy A. Tosta

What if, instead of lawyers as vultures, we thought of lawyers as Aikidoists, asks Timothy Tosta. ...


Alternative Dispute Resolution

Life of the Parties

Aug. 4, 2009
By A. Marco Turk

Using self-determination in mediations, parties design their own outcome and its enforceability. ...



Family, Health Care & Hospital Law

Age Old Question

Jul. 30, 2009
By Judith Daar

The death of the world's oldest woman to give birth prompts more uncertainty about the math surrounding infertility treatment,...


Appellate Practice

Tipping the Scales

Jul. 29, 2009
By Alana H. Rotter

Since the beginning of the year, five appellate decisions have addressed employer policies on tip redistribution. ...



Appellate Practice

An Appeal Battle

Jul. 24, 2009
By Gary A. Watt

If lawyers can write bestselling novels and win reality television shows, surely they can file a notice of appeal on time.


Judges and Judiciary

Language Wrestling

Jul. 23, 2009
By Arthur Gilbert

Judges' work is not pretty and usually involves ferreting out meaning from perplexing statutes. ...



Insurance, Labor/Employment

The Art of the Covenant

Jul. 21, 2009
By Rex Heeseman

After years of relative judicial inactivity, the implied covenant has recently resurfaced. ...


Civil Rights

A new report details unprecedented surveillance by Bush officials far beyond warrantless wiretapping, writes Stephen F. Rohde.