This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

    Filter by date
     to 
    Search by Author
    Search by Category
    Search by Headline

Constitutional Law

Rehnquist Bashes Ballot Box

Jan. 19, 2001
By David A. Lash

Although the majority of the U.S. Supreme Court in Bush v. Gore limited its decision to equal protection grounds, it is imposs...


Government, International Law

Straits of Ignorance

Jan. 11, 2001
By William Slomanson

Recently, I was invited to Cuba to do a Web presentation for a joint conference hosted by Cuba's National Union of Cuban Juris...



Constitutional Law

A Nation Divided

Dec. 27, 2000
By John C. Eastman

It's Christmas time. The monthlong ordeal in Florida is behind us. The presidential electors cast their votes without the "fai...


Constitutional Law

Double Standard

Dec. 21, 2000
By Mark S. Pulliam

For five long weeks after the Nov. 7 election was - or should have been - concluded, the nation was paralyzed by an unpreceden...



Constitutional Law

Less Volatile

Dec. 20, 2000
By Erwin Chemerinsky

Unlike last year, there are few high-profile cases that touch on highly controversial political issues. ...


Judges and Judiciary

Uneasy Uncertainties

Dec. 6, 2000
By Arthur Gilbert

It was a bright clear Monday morning at the end of October, and my drive up the coast highway to the court in Ventura was exhi...



Judges and Judiciary

Court Battle

Dec. 4, 2000
By Erwin Chemerinsky

The Florida Supreme Court's decision allowing the hand recounts of votes is unquestionably correct.


Ethics/Professional Responsibility

Ethics En Masse

Dec. 2, 2000
By Deborah R. Rosenthal

While attorneys and legislators ponder the issue of class-action abuse and whether the problems are so widespread that reform ...



Civil Rights

Legal Protests

Nov. 28, 2000
By Stephen F. Rohde

Access to justice through independent tribunals has been a hallmark of the American system. It ensures that governmental offic...


Criminal

Righteous Reform

Nov. 18, 2000
By Erwin Chemerinsky

Misconduct by Los Angeles police officers is nothing new. Although the vast majority of officers are honest and conscientious,...



Intellectual Property

Competitive Edge

Nov. 18, 2000
By Jonathan Arnold

Trade secrets - whether in the form of a useful formula, a manufacturing process, a machine pattern, a device or a list of cus...


Law Practice

Restoring Respect and Dignity

Nov. 17, 2000
By David A. Lash

Given the horrific magnitude of all that occurred during the Holocaust era, what ultimate justice can there ever truly be? No ...



Administrative/Regulatory, Environmental & Energy

School Haze

Nov. 11, 2000
By Maureen F. Gorsen

By now, no citizen of Los Angeles could have missed the recurring charges, headlined in the press, about the failure to addres...


Health Care & Hospital Law

Medical Coverage Nightmare

Oct. 20, 2000
By David A. Lash

In order to save the poor from the tragedy of a health care crisis, the catalyst of a catastrophe may be what is required to b...



Constitutional Law

Searchlight

Oct. 18, 2000
By Erwin Chemerinsky

The U.S. Supreme Court has five new Fourth Amendment cases on its docket. ...


Appellate Practice

Illusory Fortress

Oct. 10, 2000
By James C. Martin , Benjamin G. Shatz

Imagine a prevailing appellant, flushed with victory, returning to the trial court to see justice done on the second go-round....



Affirmative Action Abolition

Oct. 6, 2000
By Harold E. Johnson

Hopefully, the California Supreme Court will render it unnecessary to amend Proposition 209 with the words, "We really mean it...


Criminal

Author and noted former district attorney prosecutor Vincent Bugliosi wrote after the release of findings and 129 recommendati...



Judges and Judiciary

Goodbye to a Good Friend

Oct. 3, 2000
By Arthur Gilbert

In April of 1991, I wrote a goodbye column about my dear friend and colleague Justice Richard Abbe who had just retired from D...


Judges and Judiciary

Ceremonial Civilities

Sep. 30, 2000
By Douglas G. Carnahan

Although it's not a court day, it ill behooves a judge to follow the wedding party to the reception and act like a clown. ...



Constitutional Law

Open Season

Sep. 23, 2000
By Erwin Chemerinsky

In Boy Scouts of America v. Dale, 120 S.Ct. 2446 (2000), the U.S. Supreme Court opened the door to greater discrimination base...


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

Justice Bound

Sep. 7, 2000
By Hugh R. Manes

Republicans have used their control of the U.S. Senate to defeat, curb and delay President Bill Clinton's judicial appointment...



Constitutional Law

Prayer Ban Scam

Aug. 31, 2000

By James Shankles. The point-counterpoint between Jay Sekulow and Erwin Chemerinsky, "Prayer Policy" (Forum, Aug. 7), on the E...


Law Practice

Assessing the Dead

Aug. 17, 2000
By David A. Lash

By David A. Lash. When Congress overwhelmingly passed a repeal of the federal estate tax earlier this summer, the debate over ...



Constitutional Law

'Apprendi' Appraisal

Aug. 16, 2000
By Erwin Chemerinsky

By Erwin Chemerinsky. Simply put, the court held that it violates due process and the Sixth Amendment to convict a person of o...


Constitutional Law, Letters

Original Intent Makes a Great Foundation

Aug. 15, 2000
By Richard A. Nixon

By Richard A. Nixon. The thrust of the article by Kirk C. Jenkins titled "Design Dilemma: Original Intent Analysis is Impossib...



Judges and Judiciary

Animal Farm

Aug. 9, 2000
By Arthur Gilbert

Do we truly see ourselves as others see us? Do judges, for example, mistake a lawyer's sneer of contempt for a crooked smile? ...


Constitutional Law

By Erwin Chemerinsky. For almost 40 years under both liberal and conservative Supreme Courts, the law has been clear: Prayer i...



Law Practice, Letters

Legal Field Diversity Au Naturel

Aug. 4, 2000
By Richard A. Nixon

By Richard A. Nixon. The article by William G. Paul, president of the American Bar Association, titled "Diversity in the Legal...


Constitutional Law

Judicial Stalemate

Jul. 22, 2000
By Erwin Chemerinsky

The U.S. Supreme Court completed its term on June 28 by handing down four blockbuster cases: allowing greater government aid t...