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Insurance

Price Fixing

May 17, 2008
By Rex Heeseman

A recent appellate court decision differed from similar cases in that it overturned all issues related to punitive damages, bu...


Constitutional Law, U.S. Supreme Court

A Blow to Democracy

May 16, 2008
By Erwin Chemerinsky

The Supreme Court's affirmation of a voter ID law is an open invitation to state legislatures across the country to devise req...



Judges and Judiciary

Death Becomes You

May 14, 2008
By Arthur Gilbert

It is disconcerting the way so many people cope with the desire to forestall death. ...


Appellate Practice

What a Relief?

May 13, 2008
By Alana H. Rotter

The appellate courts disagree on just how fatal the lack of a timely opposition is in regard to summary judgment.



Law Practice

More than 30 years after the release of "A Clockwork Orange," the central question it posits remains vibrantly relevant: How d...


Criminal, Law Practice

The Elephant in the Room

May 2, 2008
By Robert L. Bastian Jr.

Even if the verdict in the Sean Bell case was correct, the court fell short when it failed to acknowledge the elephant in the ...



Criminal

Aging Disgracefully

May 1, 2008
By Konrad Moore

Intended or not, the mission of the prison system is changing from rehabilitation and reintegration to permanent incarceration...


Instruction Manual

Apr. 30, 2008
By Rex Heeseman

Does the ever-changing world of punitive damages excuse, at least to some extent, the wording of a jury instruction. ...



Law Practice

Passion Has No Pricetag

Apr. 26, 2008
By David A. Lash

Forum Column - By David A. Lash - Law firms that pay their way into high-profile pro bono cases are missing the heartfelt rewa...


Law Practice

Reel World Lawyering

Apr. 22, 2008
By William Domnarski

Forum Column - By William Domnarski - The thriller "Michael Clayton" prompts real world attorneys to confront established idea...



Constitutional Law, Government

Forum Column - By Erwin Chemerinsky - A president's most enduring legacy is often in judicial nominations, and the winner of t...


A Farewell To Arms?

Apr. 19, 2008
By Joseph H. Cooper

Forum Column - By Joseph H. Cooper - When asked about gun control laws, a group of soon-to-be-released prison inmates expresse...



Police exploit a little-known provision that outlaws riding a bicycle at night without a headlamp, in order to target the poor...


Judges and Judiciary, Law Practice

Individuals, Not Government, Deserve Legal Protections

Apr. 3, 2008
By Robert L. Bastian Jr.

Although no statute exists to support qualified immunity, conservative judges routinely rule as if it is a robust and broadly ...



Judges and Judiciary

Poetic Justice

Apr. 3, 2008
By Arthur Gilbert

Entertaining though they may be, in most cases, poetry and limericks do not belong in judges' rulings. ...


Judges and Judiciary, Law Practice

Stylish Shortcuts

Mar. 26, 2008
By Robert L. Bastian Jr.

William F. Buckley Jr.'s fudged insights on the tort system fostered misunderstandings about government, the courts and the la...



Constitutional Law, U.S. Supreme Court

Pre-emptive Hike

Mar. 20, 2008
By Erwin Chemerinsky

Forum Column - By Erwin Chemerinsky - A troubling Supreme Court decision shows the justices' willingness to help business at t...


Appellate Practice

Fighting Words

Mar. 14, 2008
By Benjamin G. Shatz

Focus Column - By Benjamin G. Shatz and Christopher D. LeGras - Depending on the court, attorneys might have little recourse w...



California Supreme Court, Civil Litigation

Unpopular Justice

Mar. 12, 2008
By Konrad Moore

California's Supreme Court justices should take the lead and legalize gay marriage regardless of the probable political ramif...


Patent Possibilities

Mar. 7, 2008
By Jennifer R. Bush

Focus Column - By Jennifer R. Bush and Rajiv P. Patel - Litigants are increasingly turning to re-examinations, either as a mea...



Law Office Management

Agent of Change

Mar. 2, 2008
By Timothy A. Tosta

I do hospice volunteer work, offering care and support to residents during the last hours of their lives. The experience has ...


Law Practice, Civil Litigation

Fee for Few

Feb. 29, 2008
By Timothy D. Reuben

Obtaining attorney fees in cases that affect the public can be exceptionally complex under the private attorney general law. ...



Law Practice

The Tao of Atticus Finch

Feb. 23, 2008
By Robert L. Bastian Jr.

The paragon of an ethical, decent lawyer, Atticus Finch from "To Kill a Mockingbird" has relevant lessons to teach today's at...


Constitutional Law, U.S. Supreme Court

Forum Column - By Erwin Chemerinsky - A recent Supreme Court ruling will leave federal prisoners with no remedy for the neglig...



Insurance

A recent ruling leaves the legality of health insurance policy recissions uncertain. ...


Wage War

Feb. 5, 2008
By Charlotte Fishman

Forum Column - By Charlotte Fishman - Congress has the opportunity to undo the damage to women's rights created by a Supreme C...



9th U.S. Circuit Court of Appeals, Alternative Dispute Resolution, U.S. Supreme Court, Litigation & Arbitration

Contract Conflict

Feb. 5, 2008
By Lawrence Waddington

The state Supreme Court and the 9th Circuit both have generated murky procedures guiding classwide arbitration agreements for ...


Insurance

Through the Wringer

Feb. 2, 2008
By Rex Heeseman

Insurance policyholders should take stock of their options for bad-faith recovery from providers. ...



Criminal

Union Hijack

Jan. 30, 2008
By Konrad Moore

The union model, though beneficial to millions working in private businesses, can be devastatingly costly when applied to the ...


Demystifying the High Court

Jan. 29, 2008
By Mary Lou Byrne

Focus Column - By Mary Lou Katz - A working knowledge of how the state Supreme Court conducts its business is crucial for Cali...