After years of relative judicial inactivity, the implied covenant has recently resurfaced. ...
Civil Rights
Obama Should Seize on New Revelations of Illegal Spying
By Stephen F. Rohde
A new report details unprecedented surveillance by Bush officials far beyond warrantless wiretapping, writes Stephen F. Rohde.
The Supreme Court is a small group and decisions are often a result of interpersonal relations and individual persuasiveness, ...
Judicial confirmations fail to tell us what we really need to know, writes William Domnarski.
Meditation can help put the stresses of litigation into perspective.
Field Work
By Myron Moskovitz
A lawyer reminisces about his experience in the 1960s opening up an office for California Rural Legal Assistance, where he fou...
As the state Supreme Court celebrates its 160th birthday, Benjamin G. Shatz outlines the myriad ways a case can wind up before...
One victim of abusive treatment at the hands of U.S. officials is taking the law into his own hands, writes Stephen Rohde.
Incarcerated Fathers Prepare to Be Paroled Into Parenthood
By Joseph H. Cooper
As Father's Day approaches, Joseph Cooper shares prisoners' insights about making up time to their kids.
Civil Litigation
Ruling Makes It Too Easy to Serve Foreign Corporations
By Erin L. Burke, Erik C. Swanholt
Making it easy for plaintiffs to drag international entities into state court will bring foreign investment down even more, wr...
Climate change promises to exacerbate the disputes over property rights in coastal areas.
Under the pressures of judicial questioning, lawyers too often fail to stop and think during oral arguments, writes Benjamin G...
Litigation Might Be Evolving at the Expense of Vulnerable Clients
By Rafael Chodos
Litigation has become a full-blown industry - so what does that mean for the vulnerable clients who need sound legal advice, a...
It is now settled that only the named plaintiffs asserting a representative Unfair Competition Law claim are required to meet ...
"Libel tourism" - when suits are filed in plaintiff-friendly Britain - is a direct threat to Americans' right of free speech, ...
It remains a mystery why a 2nd Circuit panel that includes Judge Sonia Sotomayor has yet to rule on an important environmental...
Some of the upcoming significant U.S. Supreme Court decisions on punitive damages will focus on jury instructions. ...
Keeping close tabs on your physical well-being can actually make you a better lawyer. ...
The state high court was right to preserve the class action as a crucial device for remedying harms suffered by large numbers ...
California Supreme Court
Point: Class Action Satisfaction
By Jeffrey A. LeVee, Christopher J. Lovrien
The California Supreme Court's decision in In re Tobacco II Cases destroys Proposition 64 even as it purports to implem...
There are long-standing splits on what principles separate a criminal deprivation of one's "honest services" from a civil or e...
A recent ruling addressing the Stringfellow Acid Pits process that insurance policies involving pollution clauses can get quit...
A New Information Superhighway
By Jennifer R. Bush
The Patent Prosecution Highway, a pilot program between the U.S. and Japan, was created to speed up prosecutions for internati...
Environmental & Energy
A Potentially Game-Changing Ruling on CERCLA Liability
By Jeffrey Dintzer
Gibson, Dunn & Crutcher lawyers dissect a U.S. Supreme Court Decision they say has both sharpened and added powerful arrow...
Taking the concept of transferability of intellectual property rights too far has the potential to cause problems. ...
In Tough Times, the Tale of One of Literature's Toughest Mothers Endures
By Joseph H. Cooper
Joseph H. Cooper finds lessons for these tough times in the Joad family saga from John Steinbeck's "The Grapes of Wrath." ...
Erwin Chemerinsky implores employed lawyers to help their colleagues who have been laid off because of the economic downturn.
What Shakespeare had to say about law and language - language he largely shaped - applies today with extra force.
Judges and Judiciary
How to Secure Yourself a Spot on the Road to Infamy
By Arthur Gilbert
Justice Arthur Gilbert ponders how to go about getting various L.A. landmarks named after himself. ...
Books, Judges and Judiciary
From Day-to-Day Realities to Core Values, a Lesson in 'Wearing the Robe'
By Andrew J. Guilford
More than just a how-to book, "Wearing the Robe" can instruct and inspire judges and lawyers, writes Judge Andrew Guilford. ...