Constitutional Law, Government
From Hollywood to High Court: The Ten Commandments Take A Detour
By Diane L. Karpman
"Our system of democracy depends on judges being supported in the exercise of their constitutional obligation to protect the b...
Corporate, Securities
Foreign Stock Offers Must Meet State, U.S. Guidelines
By Ute Krudewagen
Focus Column - International Law - By Barbara Klementz and Ute Krudewagen - U.S. companies commonly offer one or more types of...
Judges and Judiciary
First Things First: Democracy Depends on Independent Judiciary
By Arthur Gilbert
"First thing we do, let's kill all the judges." That is what some politicians want to do to the judiciary. Proposed ways to di...
Criminal
In Reality of State Prison System, 'Corrections' Is A Misnomer
By Konrad Moore
Californians paid $5.4 billion dollars for youth and adult corrections in the budget year 2003-2004. The proposed expenditure ...
Constitutional Law, Law Practice
Problem With Originalism Lies in The Favoring of Logic Over Experience
By Robert L. Bastian Jr.
The idea of strict construction merits continued comment because it is the current president's litmus test for selecting Supre...
Policy exclusions limit or take away coverage. Some exclusions address risks that an insurer wants to avoid (intentional injur...
Judges and Judiciary
Suprising High-Court Rulings Shift Civil Rights Outlook
By Erwin Chemerinsky
Forum Column - By Erwin Chemerinsky - The U.S. Supreme Court under Chief Justice William Rehnquist will not be remembered as a...
Judges and Judiciary, Civil Litigation
State Revamps Numbering, Language of Discovery Act
By William Slomanson
On July 1, the California Civil Discovery Act - Code of Civil Procedure Sections 2016 through 2036 - is getting a facelift, th...
Intellectual Property
IP Pendulum Swings From Weak to Strong Protection
By Stuart Meyer
Just a few years ago, it was unusual for patents to make newspaper headlines - but times have changed. A small company is awar...
Judges and Judiciary
For Real Picture of High-Court Hopefuls, Review Past Opinions
By Timothy J. Dowling
In certain quarters on the left and the right, it is conventional wisdom that everyone on George W. Bush's short list for the ...
Those with even a slight interest in punitive damages are aware of State Farm Mutual Auto Insurance Co. v. Campbell , 538 U. S...
Appellate Practice
First, Presume Prejudice In 'Harmless Error' Inquiries
By David J. de Jesus
Focus Column - Appellate Law - By Kathy M. Banke and David J. de Jesus - The "harmless error" rule sounds deceptively simple. ...
Environmental & Energy
Much of Endangered Species' Value Lies In The Unknown
By Jan S. Stevens
Forum Column - By Jan Stevens - The suggestion that Congress exceeded its powers in enacting the Endangered Species Act is pro...
Judges and Judiciary
Attack On Courts Threatens Crucial Checks And Balances
By Erwin Chemerinsky
Forum Column - Erwin Chemerinsky - The conservative attack on the courts is truly frightening and should be denounced by elect...
Criminal
A Master of The Courtroom Shows Flashes of Brilliance, Circa 1964
By Arthur Gilbert
Q: When? A: The fall of 1964. Q: Where? A: Division 20, the misdemeanor master calendar court of the Los Angeles Municipal Court.
Law Practice
Attorney Shares Experience, Pain, In Michael Schiavo's Defense
By Jon B. Eisenberg
I joined Michael Schiavo's legal team last month, after having represented a group of bioethicists who had previously supporte...
Alternative Dispute Resolution
State, Federal Rules Conflict On Crucial Arbitration Issue
By Lawrence Waddington
Drafting arbitration agreements no longer warrants copying a form or using boilerplate language in commercial contracts. And "...
Criminal
Dark Tales May Lie Beneath 'Outrageous' Prisoner Claims
By Robert L. Bastian Jr.
What is otherwise a dry subject - technical analysis of statutorily imposed administrative exhaustion requirements in a prison...
Forum Column - By David A. Lash - Like so many others, she walked into a legal services office afraid, not knowing where to tu...
Judges and Judiciary
Legal System Stands Strong, Avoids Constitutional Crisis
By Judith Daar
Forum Column By Judith Daar The legal machinations over the case of Terri Schiavo, the Florida woman who has languished in a ...
An insurer occasionally asserts the policyholder made a material misrepresentation or concealed a material fact in applying fo...
Administrative/Regulatory
Powell's Legacy: Tough On Indecency, Lax On Media Ownership
By Ashutosh Bhagwat
Forum Column - By Ashutosh Bhagwat - This month, Michael K. Powell will step down from his position as chairman of the Federal...
Constitutional Law, U.S. Supreme Court
Takings Issue Boils Down To Objective vs. Subjective
By Stuart M. Miller
Focus Column - Land Use Law - By Stuart Miller - On Feb. 22, the U.S. Supreme Court heard oral argument in Lingle v. Chevron U...
Administrative/Regulatory
State Law Must Reflect Fatal Dangers of Police Car Chases
By Robert L. Bastian Jr.
The law does not tolerate police unreasonably shooting across a school yard to stop a fleeing suspect. Why should it tolerate ...
Judges and Judiciary
Citing Foreign Law Sparks Unnecessary Bruhaha
By Erwin Chemerinsky
Forum Column - By Erwin Chemerinsky - Perhaps the silliest debate now going on is whether it is appropriate for American court...
Entertainment & Sports
Bad Case Law Traps Personal Managers in Bizarre Legal World
By Rick Siegel
The Feb. 14 decision in Yoo v. Robi, 2005 DJDAR 1983, is the latest action in a generations-old practice of compromisin...
Criminal
Lack of Federal Court Review Enables Prison Mismanagement
By Robert L. Bastian Jr.
The latest U.S. Supreme Court case to address prison violence, Johnson v. California , 2005 DJDAR 2118, concerns an inmate's c...
Judges and Judiciary
Because Perceptions Can Deceive, They Need Re-Evaluation
By Arthur Gilbert
For many years now, I have had this suspicion that things are not what they seem to be. This troubling suspicion I had stuffed...
Government, Real Estate/Development
So Far, State's Housing Push Has Been All Yak, No Shack
By Michael M. Berger
Forum Column - By Michael M. Berger - California lawmakers have done a lot of talking about the state's housing shortage witho...
Labor/Employment
Day of Reckoning Looms for Those Who Maintain Anti-Female Bias
By Charlotte Fishman
As the debate over Lawrence Summers' remarks keeps building and building, I confess to feeling a strange thrill.