Free Speech and Justified True Belief Law often prioritizes justified true beliefs. Evidence, even if probative and correct, must have a proper foundation. Expert witness testimony must be the product of reliable principles and methods. Prosecutors are not permitted to trick juries into convicting a defendant, even if that defendant Read more…
Of Synchronicity and Supreme Law The Constitution identifies three forms of supreme law — the Constitution, laws, and treaties — and specifies procedures for their adoption. Yet it says little about timing. It does not seem to address whether the chambers of Congress must act on bills in close proximity Read more…
COVID-19 sparks rapid tech adoption that has helped lawyers weather economic downturn COVID-19 has sparked lawyers to adopt technology at a much faster clip than previously seen in the legal industry and ahead of consumer expectations for doing so, according to cloud-based company Clio’s 2020 Legal Trends Report. The report was Read more…
Knowing when to tell your client no and other ethical dilemmas One of the most important ethical obligations a lawyer has is knowing when to tell their client no. But how do you know when that moment has come, and how do you deal with it? For legal ethics experts Read more…
The Lost History of the “Universal” Injunction The issuance of injunctions that reach beyond just the plaintiffs has recently become the subject of a mounting wave of censorious commentary, including by members of Congress, a Supreme Court Justice, the Solicitor General, the Attorney General, and the President. Critics of these Read more…
4 lessons we can learn as a profession from the pandemic In the seventh week of the pandemic lockdown, I went on a solo walk in the rain. A soggy pile of books on a Brooklyn sidewalk caught my eye. One lay open to a page with the title “Object Read more…
I found this article in the Harvard Law Review by Professor Mila Sohoni, who has written a few impactful articles on administrative law. This article is an argument that national injunctions are not recent inventions, instead they are in conjunction with the long-established practices of federal courts. The issuance of Read more…
In recent years, alternative forms of dispute resolution such as mediation have become a popular, efficient, and effective way to resolve disputes. Mediation is particularly expedient for resolving complex cases. The 2019 California Rules of Court define a complex case as “an action that require exceptional judicial management to avoid Read more…
came across this very interesting article in a California legal blog . It is addressing the new legislation for qualifying independent contractors and the potential headaches this could cause employers. California’s hotly contested and closely followed AB 5 independent contractor bill, which would extend the ABC test beyond Wage Order Read more…
I came across this article in the ABA Journal by Anna Persky and it reiterates the importance of utilizing technology for both our clients and within the firm. In 2019, law firms face a choice: Continue with the old-school model of providing clients with traditional legal services, or jump in Read more…