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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...



Appellate Practice, California Courts of Appeal

Sex, Lies and Remittiturs

Jan. 16, 2009
By Benjamin G. Shatz

A recent 6th District case reveals that relief may be granted to those harmed by attorney misconduct in appellate cases.


A Win-at-All-Costs Prosecution

Jan. 6, 2009
By Wajahat Ali

For two years, attorneys for rock superstars Led Zeppelin and the Grateful Dead waged a legal war against a Minnesota entrepre...



Appellate Practice

Pride and Prejudice

Dec. 27, 2008
By Benjamin G. Shatz

A recent 9th Circuit case addresses federal appellate jurisdiction in the tricky area of voluntary dismissals, write Benjamin ...


Ghosts of the Past, Visions of the Future

Dec. 25, 2008
By Joseph H. Cooper

Prison inmates who read Charles Dickens' "A Christmas Carol" as part of an outreach class began to recall some of their own gh...



Law Practice

It's a Small World

Dec. 24, 2008
By Robert L. Bastian Jr.

Model trains, toy soldiers -- perhaps the season's tendency toward minitiaturization reveals something deeper. ...


Environmental & Energy

The Gold Standard for Green

Dec. 23, 2008
By Richard M. Frank

Amid recent reports of political corruption, budget deficits and ineffective financial regulation, the Air Resources Board's i...



Insurance

Smoke Signals

Dec. 19, 2008
By Rex Heeseman

The Supreme Court's latest go-round with a case against Philip Morris leaves the laws regarding punitive damages in flux.


Government

Spin City

Dec. 16, 2008
By Erwin Chemerinsky

The dispute between the Los Angeles city attorney and the city controller might seem like inside baseball, but it is actually ...



Civil Rights

Among his many challenges, President-elect Barack Obama should work to ensure access and civil rights protections for the disa...


Mediation Confidential

Dec. 3, 2008

If it's not broke.



Constitutional Law, Government

Can Obama Bring Us Back From the Dark Side?

Nov. 22, 2008
By Erwin Chemerinsky

One of President-elect Barack Obama’s first actions must be to change course and to repudiate the Bush administration’s polici...


Appellate Practice

Time Trials

Nov. 21, 2008
By Benjamin G. Shatz

Careful practitioners should calculate appellate deadlines arising from all possible scenarios or interpretations and file at ...



Civil Rights, Constitutional Law, U.S. Supreme Court

Crossing Out Rights

Nov. 21, 2008
By Robert L. Bastian Jr.

It remains a legal mystery why church doctrine or authority should ever shade an individual's fundamental right. ...


Judges and Judiciary

Judge of Character

Nov. 14, 2008
By William Domnarski

The appointments of federal judges are what most define a president and represent his most enduring contribution — either good...



Government, Law Practice

A Reversal of Fortunes

Nov. 4, 2008
By Robert L. Bastian Jr.

Our accumulated economic history of the past half century has subtle, but significant consequences for labels in law.


Con Jobs

Nov. 1, 2008
By Joseph H. Cooper

For those recently or about-to-be released from prison, job opportunities increase the will to resist the temptations — and av...



Corporate, Securities

The SEC Sheds Light on Enforcement Procedures

Nov. 1, 2008
By Thomas A. Zaccaro

The Securities and Exchange Commission, the federal agency that regulates corporate transparency, now has provided some transp...


Civil Litigation

Keeping the Courthouse Door Open to Everyone - This Time

Oct. 23, 2008
By Rochelle Bobroff, Ian Millhiser

By applying one standard to low-income families, and another to the Republican Party, the 6th Circuit employed an unconscionab...



Insurance

Two recent cases will make some judges think at least twice before granting an insurer's summary motion, let alone a demurrer.


U.S. Supreme Court

War of the Words

Oct. 16, 2008
By Erwin Chemerinsky

An upcoming case on the Supreme Court's docket potentially provides the court with the occasion to bring First Amendment law c...



Government, Law Practice

Questioning Rhetoric

Oct. 16, 2008
By Robert L. Bastian Jr.

This election's candidates who are trained as lawyers have better used their skills to appropriately define issues and marshal...


Permitting the prosecution to adopt a label that rightfully includes those very "people" charged with deciding the case risks ...



California Supreme Court, Environmental & Energy

A Public Trust Renaissance

Oct. 7, 2008
By Richard M. Frank

The public trust doctrine, a cornerstone of modern environmental law in California, has been relatively quiescent in recent ye...


Judges and Judiciary

A Hollywood Ending?

Oct. 2, 2008
By Arthur Gilbert

The state Supreme Court had an easy opportunity to set a high standard for attorney conduct, and muffed it badly.



U.S. Supreme Court

An Important Term to Come

Oct. 1, 2008
By Erwin Chemerinsky

Guns and Guantanamo are so last term. Here's what's on the horizon for the U.S. Supreme Court's October 2008 term.


Administrative/Regulatory, Government

Lawyers Were Never the Problem

Sep. 25, 2008
By Robert L. Bastian Jr.

Entirely unregulated markets have resulted in a form of big-government socialism beyond would-be regulators' wildest dreams. T...



Constitutional Law

The Business of Pre-Emption

Sep. 18, 2008
By Erwin Chemerinsky

The Supreme Court is clearly giving little weight to its oft-stated presumption against finding pre-emption, writes Erwin Chem...


Alternative Dispute Resolution, Family

Settling the Score

Sep. 17, 2008
By Franklin R. Garfield

Since over 90 percent of all family law cases eventually settle, there is something to be said for trying to get it right the ...