A recent appellate court decision differed from similar cases in that it overturned all issues related to punitive damages, bu...
The Supreme Court's affirmation of a voter ID law is an open invitation to state legislatures across the country to devise req...
It is disconcerting the way so many people cope with the desire to forestall death. ...
The appellate courts disagree on just how fatal the lack of a timely opposition is in regard to summary judgment.
Law Practice
Like 'Clockwork': Self-Determination Question Still Relevant
By Konrad Moore
More than 30 years after the release of "A Clockwork Orange," the central question it posits remains vibrantly relevant: How d...
Even if the verdict in the Sean Bell case was correct, the court fell short when it failed to acknowledge the elephant in the ...
Intended or not, the mission of the prison system is changing from rehabilitation and reintegration to permanent incarceration...
Instruction Manual
By Rex Heeseman
Does the ever-changing world of punitive damages excuse, at least to some extent, the wording of a jury instruction. ...
Forum Column - By David A. Lash - Law firms that pay their way into high-profile pro bono cases are missing the heartfelt rewa...
Forum Column - By William Domnarski - The thriller "Michael Clayton" prompts real world attorneys to confront established idea...
Constitutional Law, Government
Next President Will Have Profound Impact on Lower Courts
By Erwin Chemerinsky
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?
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
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 ...
Entertaining though they may be, in most cases, poetry and limericks do not belong in judges' rulings. ...
William F. Buckley Jr.'s fudged insights on the tort system fostered misunderstandings about government, the courts and the la...
Forum Column - By Erwin Chemerinsky - A troubling Supreme Court decision shows the justices' willingness to help business at t...
Focus Column - By Benjamin G. Shatz and Christopher D. LeGras - Depending on the court, attorneys might have little recourse w...
California's Supreme Court justices should take the lead and legalize gay marriage regardless of the probable political ramif...
Patent Possibilities
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...
I do hospice volunteer work, offering care and support to residents during the last hours of their lives. The experience has ...
Obtaining attorney fees in cases that affect the public can be exceptionally complex under the private attorney general law. ...
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
The Supreme Court Closes the Door on Federal Prisoners
By Erwin Chemerinsky
Forum Column - By Erwin Chemerinsky - A recent Supreme Court ruling will leave federal prisoners with no remedy for the neglig...
A recent ruling leaves the legality of health insurance policy recissions uncertain. ...
Wage War
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
By Lawrence Waddington
The state Supreme Court and the 9th Circuit both have generated murky procedures guiding classwide arbitration agreements for ...
Insurance policyholders should take stock of their options for bad-faith recovery from providers. ...
The union model, though beneficial to millions working in private businesses, can be devastatingly costly when applied to the ...
Demystifying the High Court
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...