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Constitutional Law, U.S. Supreme Court

Undermining Free Speech

Apr. 17, 2009
By Erwin Chemerinsky

A recent Supreme Court ruling creates a legal loophole whereby governments could engage in viewpoint discrimination. ...


Intellectual Property

Value on the Brain

Apr. 16, 2009
By John F. Stephens

At no time in history has valuing IP assets been so crucial, writes John F. Stephens. ...



Law Practice

The Language of Law

Apr. 15, 2009
By Robert L. Bastian Jr.

Lawyers must analyze words as much as legal concepts before deducing legal conclusion.


Environmental & Energy

A Return to Environmental Federalism?

Apr. 10, 2009
By Richard M. Frank

The early signs from the Obama administration seem promising for a new era of cooperative federalism in environmental policyma...



Questions will remain surrounding the many people who entered into same-sex marriages during the window when it was legal. ...


Appellate Practice

Staying Power

Apr. 6, 2009
By James C. Martin , David J. de Jesus

The right to appeal becomes a hollow one if counsel does not follow the correct protocol for obtaining a stay.



Law Practice

The Only Thing to Fear ...

Mar. 24, 2009
By Timothy A. Tosta

In a distressing economy, lawyers should walk a line between groundless optimism and paralyzing fear. ...


Insurance

A Genuine Pullback

Mar. 21, 2009
By Rex Heeseman

Recent decisions pulling back on the genuine dispute doctrine are an apparent response to insurers' over-utilization of this d...



Incarcerated prisoners offer a unique perspective on what fate should await pyramid schemer Bernard Madoff. ...


Civil Rights

What the ADA Didn't Fix

Mar. 12, 2009
By Michael Waterstone

It is an ideal time to reassess what can be done to keep more people with disabilities in the workforce. ...



Intellectual Property

Trolls 2.0

Mar. 12, 2009
By Stuart Meyer

In recent years we have seen the emergence of patent holding companies that market themselves as being different from the conv...


Law Practice

Overcoming 'Stickiness'

Mar. 2, 2009
By Timothy A. Tosta

Lawyers tend to be a demoralized, pessimistic bunch. But they don't have to be.



Judges and Judiciary

The Win Column

Feb. 27, 2009
By Robert S. Gerstein

While Justice Arthur Gilbert's judicial opinions are not devoid of humor, he gives far freer reign to his wit in his book "Und...


Appellate Practice

E-Notice Something?

Feb. 27, 2009
By Benjamin G. Shatz

Is e-mail really "mail" for the purposes of appellate filings? The courts are still sorting it out.



Civil Rights, Labor/Employment

Ladies' Fight

Feb. 26, 2009
By Konrad Moore

The Ledbetter Fair Pay Act is a good step forward, but a more noble solution involves implementing a social structure that eli...


Government, International Law

While the same-sex marriage battle continues to rage in California, a more general debate over gay rights is happening between...



Environmental & Energy

With Transparency Comes a More Efficient Government

Feb. 23, 2009
By Jeffrey Dintzer

Only time will tell if Obama's pledge to take FOIA requests seriously will be successful in the face of an entrenched bureaucr...


International Law, Tax

A Weapon of Mass Protection

Feb. 14, 2009
By Craig E. Countryman

The legal issues involved when a charitable donation ends up inadvertently supporting a terrorist organization can get thorny....



Criminal

Out of Sight, Out of Mind?

Feb. 11, 2009
By Konrad Moore

It's hard for Californians to understand the gravity of criminal justice issues when the state's prisons are so geographically...


A short story by John Updike reveals a lot about "post-studio Hollywood" — and helping the author on legal issues provided its...



Rising Hope for Women

Feb. 6, 2009
By Charlotte Fishman

The Ledbetter Act and a recent ruling on worker retaliation give rise to cautious optimism that a pregnancy discrimination cas...


Rather than a "medical miracle," the birth of octuplets is better understood as a symptom of our failing health care system, w...



Administrative/Regulatory, Government

Adult Supervision

Feb. 4, 2009
By Robert L. Bastian Jr.

As the country regains its senses, expect a new economic environment where regulators regulate, inspectors inspect and litigat...


Judges and Judiciary

The Accident-Prone Tourist

Feb. 3, 2009
By Arthur Gilbert

A series of vacation mishaps serves as a lesson on the whimsy of fate. ...



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

A Melting Pot of Rulings

Jan. 30, 2009
By Alana H. Rotter , Jonathan M. Rotter

Michael Mukasey's ruling on immigrants' rights to have access to an attorney is squarely at odds with 9th Circuit precedent. ...


International Law

In executing a Mexican national before the world court ruled on the matter, the U.S. willingly ignored international law.



Intellectual Property

In Law, Is IP Short for Impractical Panoply?

Jan. 29, 2009
By Stuart Meyer

IP law has become the mutt of the legal world, with a confusing mix of rules governing copyrights, patents and trademarks.


Logic tells us that trying to out-tough gang members, either on the streets or in the courts, won't rid neighborhoods of viole...



U.S. Supreme Court

The Supreme Court is set to decide three particularly important cases regarding federalism, writes Erwin Chemerinsky. - Forum ...


Books

In his book "Federal Judges Revealed," William Domnarski explores how political connections and presidential pals can mean eve...