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...
Columns

    Filter by date
     to 
    Search by Category
    Search by Headline

Administrative/Regulatory, Government, Environmental & Energy

This article provides background on polyfluoroalkyl substances, highlights recent regulatory developments and raises, as yet, ...


Civil Litigation, Constitutional Law

Manufacturers may soon find themselves back in the hot seat after a March 14 decision from the Connecticut Supreme Court.



Brenda F. Harbin-Forte, a judge on the Alameda County Superior Court, has researched and written about African-American women ...


Gov. Gavin Newsom made history by declaring a moratorium on executions in California and even tweeting out images of the execu...



9th U.S. Circuit Court of Appeals, Government

The 9th Circuit recently upheld a Santa Monica ordinance regulating short-term rentals companies. This decision is a win not j...


California Courts of Appeal, Constitutional Law, Criminal

The schizophrenic Sixth

Mar. 20, 2019

The Bible may say, “No one can serve two masters.” But do these words of wisdom apply to the Sixth Amendment’s right to counsel?



Appellate Practice, California Supreme Court, Civil Litigation

Projected admissibility

Mar. 18, 2019

A July 2017 paper on quantum mechanics suggests the future influences the present. Our Supreme Court appears to have to come t...


Real Estate/Development, Tax

The new tax law created an incentive program which encourages investors to make long-term financial investments in opportunity...



The opioid problem is monstrous and tentacular. Litigation is a critically important component of the response to the crisis: ...


California Supreme Court, Judges and Judiciary

The funds may be used to defray the travel expenses of law students and graduate students needing to access archival materials...



In the battle between desire for public access and environmental preservation, respecting property rights is the best solution


Judges and Judiciary, Law Practice

Take a breath

Mar. 4, 2019

When I use commas, it’s so the reader can take a break.



In September, California became the first state to ban the sale of most cosmetics tested on animals. The passage of Senate Bil...


Law Practice, Judges and Judiciary, State Bar & Bar Associations

On Wednesday, in the first part of this series I urged dissolving barriers among members of the legal profession. Here, I note...



U.S. Supreme Court, Intellectual Property

The Patent Office’s new guidance aims to upend the Supreme Court’s decision in Alice v. CLS Bank on two fronts.


Law Practice, Judges and Judiciary

Congress never intended to allow these fees to be set so high.



State Bar & Bar Associations, Judges and Judiciary, Law Practice

Trial judges and appellate justices rarely interact across their courts. Judges and lawyers have sporadic, desultory contact a...


Alternative Dispute Resolution, California Courts of Appeal, California Supreme Court, Civil Litigation

Attorneys may be surprised to learn that there is no clear roadmap when it comes to employing the cost-shifting mechanisms of ...



This conundrum presents these attorneys with a veritable Sophie's Choice: assert their legal claims and disclose privileged in...


Labor/Employment, Military Law

Lawyers might want to keep in mind that what appears to be a run-of-the-mill employment situation may be anything but. When ve...



Law Practice, Civil Litigation

As of Jan. 1, 2019, a key component of settlement agreements in California — the release of unknown claims and waiver of Civil...


Appellate Practice, Judges and Judiciary, Law Practice

Blind as a Bat

Feb. 4, 2019

On bats and rules for writing opinions, which I violate with agonizing regularity.



Civil Rights, Constitutional Law

Even if Mark Twain never actually said, “Whiskey is for drinking; water is for fighting over,” nowhere is this maxim better il...


Government, Military Law, U.S. Supreme Court

Remedies to the military sexual assault situation require attention by both Congress and the U.S. Supreme Court. Even a presid...



For the past six years (2013-2018), I have counted the number and type of motions that were heard in Department 15. I then pre...


Judges and Judiciary, Law Practice

Bookends

Jan. 7, 2019

This is my first column for the year 2019. It picks up some themes from my last column in 2018. You might consider the two col...



The Judicial Council has just released for public comment a set of new educational requirements for court-appointed attorneys ...


Administrative/Regulatory, Environmental & Energy

It is all but certain that the USDA and FDA will play a role in regulating various aspects of slaughter-free meat, but the det...



When it comes to the movement to reform abusive guardianship and conservatorship systems, there is an advocacy void when it co...


Law Practice, Military Law

Many civilian lawyers in California join the California State Military Reserve to serve and support the people of California.