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The Litigation Section publishes California Litigation three times per year, under the supervision of the California Litigation Editorial Board. Each issue contains informative articles on themes of interest to litigators. We welcome submissions! Please send your draft article to the Editor-in-Chief (Benjamin Shatz,

Volume 35

Volume 35, Number 2, 2022

    Written by Jessica Barclay-Strobel
    Written by Benjamin G. Shatz
    Written by Hon. Lawrence P. Riff
    Interviewed by Christian Andreu-von Euw & Allison Westfahl Kong
    Reviewed by Marc Alexander
    Reviewed by Robert M. Shaughnessy
    Written by Hon. Allan J. Goodman (Ret.)
    Written by Rachel Naor
    Written by Deborah Crandall Saxe
    Written by Robert S. Amador
    Written by Dan Lawton
    Written by Benjamin G. Shatz & Martin E. Steere

Volume 35, Number 1, 2022

  • From the Section Chair
    What’s Happened and What’s Coming
    By Jessica Barclay-Strobel
  • Editor’s Foreword
    Bright Lights, Big Changes
    By Benjamin G. Shatz, Editor-in-Chief
  • What I’ve Learned
    By Dan Lawton
  • Civility in the Legal Profession: It’s Up to Us to Save It
    By J. Kevin Morrison
  • 5 Ways to Optimize Your Video for Depositions
    By Shelley Golden
  • Qualifying for the Ballot During a Once-in-a-Lifetime Pandemic
    By Stephen J. Kaufman & George M. Yin
  • The Evolution of Voter Access in California
    By Alisa Belinkoff Katz
  • Persuasion Science for Trial Lawyers
    By John P. Blumberg
    Review by Stefan Caris Love
  • Are Anti-SLAPP Fee Awards Stayed on Appeal? The Better Side of a Split of Authority Says Yes
    By Timothy M. Kowal
  • Business Litigation: Best Practices for Litigating a Civil Code Section 1717 Motion for Attorney Fees
    By Hon. Elizabeth R. Feffer (Ret.) & Richard M. Pearl, Esq.
  • Q&A with S.D. Cal. Magistrate Judge Allison H. Goddard
    Interviewed by Christian Andreu-von Euw
  • The Power of Speaking from the Heart
    By Norman J. Rodich

Volume 34

Volume 34, Number 3, 2021

  • From the Section Chair
    By Jessica Barclay-Strobel
  • Editor’s Foreword
    No Longer on Demand
    By Benjamin G. Shatz, Editor-in-Chief
  • The California Supreme Court, 2020-2021: Tracking the Impact of the Pandemic
    By Kirk C. Jenkins
  • She’s No Rookie: Associate Justice Amy Coney Barrett Emerges as a Key Influencer in Her First Term
    By James Azadian
  • A Lion in Winter: Senior Circuit Judge J. Clifford Wallace at 92
    By Dan Lawton
  • Flood v. Kuhn: Paving the Way for Athletic Bargaining and Free Markets
    By Phillip E. Stephan
  • Dirty Harry Turns 50: What If Harry Had Worn a Body Cam?
    By Colin C. Alexander
  • “Isn’t that Special”: The Limited Powers of Special Masters
    By Mark T. Drooks & Thomas R. Freeman
  • Chevron Corp. v. Donziger and Paying the Piper
    By David M. Majchrzak
  • Three Recent Decisions on Section 998 Settlement Offers
    By Don Willenburg & Tyler Paetkau
  • Can California Protect Employees from Entering into Mandatory Pre-Dispute Arbitration Agreements and Avoid Federal Preemption?
    By Paul J. Dubow & Marc D. Alexander
  • “Present at the Creation”
    By Richard Chernick

Volume 34, Number 2, 2021

  • From the Section Chair
    The Best Is Yet to Come
    By Terrance J. Evans
  • Editor’s Foreword
    PPP = Post-Pandemic Planning
    By Benjamin G. Shatz, Editor-in-Chief
  • Jury Trials in the COVID-19 Era: The Importance of a Predetermined Trial Plan
    By Stuart J. Purdy
  • The Future of the Virtual Courthouse
    By Honorable Samuel T. McAdam
  • Remedies for the Courthouse Flu: How to Get Your Civil Case Tried During the COVID-19 Crisis
    By Honorable Allan Goodman (Ret.)
  • The Once and Future Office Market: A Tale of Complexity and Change for Lawyers
    By Gary H. London
  • Revisiting California’s No-Citation Rule
    By David S. Ettinger and Dean A. Bochner
  • Sheppard Mullin and Beyond: Advance Waivers, Disclosures, and Arbitration Agreements
    By Merri A. Baldwin and Amy L. Bomse
  • The CAA v. The FAA: The Dangerous Differences
    By Paul Dubow
  • Recovering Attorney Fees in Arbitration
    By Charles H. Dick, Jr.
  • Two #MeToos — A Pair of Book Reviews: “She Said” & “Catch and Kill”
    Reviewed by Justice Therese M. Stewart
  • Navigating the Adversary Proceeding in Bankruptcy for General Litigators
    By Marc Weitz
  • How to Strike the Answer of a Non-Participating Defendant
    By Alex J. Behar and Paul A. Traina

Volume 34, Number 1, 2021

  • From the Section Chair
    Walking the Walk
    By Terrance J. Evans
  • Editor’s Foreword
    Seriously, How Are You?
    By Benjamin G. Shatz, Editor-in-Chief
  • A Supreme Court Clerk Remembers Justice Ruth Bader Ginsburg
    By Anna-Rose Mathieson
  • RBG (Revered By Generations): Defying and Redefining Labels
    By Rupa G. Singh
  • Witness Preparation: Cinematic Lessons
    By Daralyn Durie and Jesse Lanier
  • COVID-19 and Commercial Tenancies: Can the Twain Ever Meet? Negotiation Tips to Do So
    By William M. (Mike) Hensley
  • Are COVID-19 Eviction Restrictions Constitutional?
    By James Burling
  • Second Amendment: The Dozen Yardsticks for Measuring its Scope
    By William Slomanson

Volume 33

Volume 33, Number 3, 2020

  • From the Section Chair
    By Terrance J. Evans
  • Editor’s Foreword
    At a Crossroads for a Juster System
    By Benjamin G. Shatz, Editor-in-Chief
  • Preventing Discrimination in Jury Selection
    By William Schlaerth
  • Obtaining Information from Law Enforcement Personnel Files:
    A Defense Attorney’s Perspective
    By Timothy E. Warriner
  • The Guy Miles Case – Race and a Wrongful Conviction
    By Alissa Bjerkhoel
  • The Impact of Innocence:
    A Lawyer’s Perspective
    By Melissa O’Connell
  • Black Votes Matter
    By Justice Eileen C. Moore
  • The Greatest of the Greatest Generation
    By Justice Eileen C. Moore
  • This Land. Your Land. My Land.
    By Dawn Schock
  • Sweet Taste of Liberty: A True Story of Slavery and Restitution in America
    By W. Caleb McDaniel
    Reviewed by Marc Alexander
  • My Ancestors’ Wildest Dreams
    By Kirra Jones McDaniel
  • Words Matter. Perhaps
    Especially Ours as Lawyers.
    By Rupa G. Singh
  • The California Supreme Court, 2019-2020:
    Continuing Evolution of a Diverse Court
    By Kirk Jenkins
  • The Supreme Court’s Statement on Equality and Inclusion

Volume 33, Number 2, 2020

  • From CLA’s CEO
    A Personal Plea for Addressing the Root Causes of Racism
    By Ona Alston Dosunmu
  • From the Section Chair
    News for a New World
    By W. George Wailes
  • Editor’s Foreword
    Sweet Successes – On or About 31 Flavors
    By Benjamin G. Shatz, Editor-in-Chief
  • The Puzzle of Precedent in the California Court of Appeal
    By Justice Michael J. Raphael
  • A Long and Winding Road to Undo Bad Supreme Court Law
    By Michael M. Berger
  • That Family Is Wrong for You:
    Religious Objections Before the Supreme Court
    By Peter Renn
  • Navigating the New Settled Statement Procedures
    By Justice Elizabeth A. Grimes, John A. Taylor, Jr., and Garen N. Bostanian
  • Recent Legislative Changes Affect Long-Standing Pre-Trial Discovery Practice
    By Hon. Allan Goodman (Ret.)
  • Showing Lack of Probable Cause:
    Plaintiff’s Burden of Proof in Opposing an Anti-SLAPP Motion Attacking a Malicious Prosecution Claim
    By Mark T. Drooks and Sharon Ben-Shahar Mayer
    Threats, Extortion and Legitimate Advocacy
    By Mark L. Tuft
  • Insurance Coverage Analysis Avoids Malpractice Landmines
    By Michael Dawe and Brian Cronin
  • Nuts and Bolts of Videoconference Dispute Resolution in the Time of COVID-19
    By Marc Alexander
  • Intellectual Property Litigation and Other Updates in the Video Game Industry as of April 2020
    By Yen-Shyang Tseng
  • Affirmative Action Quandaries
    The Affirmative Action Puzzle: A Living History from Reconstruction to Today By Melvin I. Urofsky
    Reviewed by Richard Wirick
  • Stringfellow Acid Pits:
    The Toxic and Legal Legacy By Brian Craig
    Reviewed by Dan Lawton

Volume 33, Number 1, 2020

  • From the Section Chair What We’ve Done and What’s to Come
    By W. George Wailes
  • Editor’s Foreword: The Future Is Here
    By Benjamin G. Shatz, Editor-in-Chief
  • Tech Tips: Making Use of Fastcase
    By Robert M. Klein
    A Trial Lawyer’s Guide to Rule 3.3
    By Robert L. Kehr
  • The Overworked Sentence
    By Howard Posner
  • Report on the Los Angeles County Bar Association’s Federal Courts Symposium Featuring Judges of the Central District of California
    By Allison Westfahl Kong
  • What Is the CCPA and Why Should Litigators Care?
    By Diana Iketani Iorlano, CIPP/E, CIPP/ US, CIPM
  • Artificial Intelligence Will Transform the Practice of Law
    By Rob Toews
  • Can AI Sue in Federal Court?
    By Abraham C. Meltzer
  • Current Legal Issues in Video Games and Esports
    By Yen-Shyang Tseng
  • Embracing Evolution in the Delivery of Legal Services
    By David Majchrzak
  • Capture the Flag: Winning With Forum Selection Clauses
    By Jim Wagstaffe
  • The Second Founding:
    How the Civil War and Reconstruction Remade the Constitution
    By Eric Foner
    Reviewed by Marc Alexander
  • Reflections on Becoming an Appellate Lawyer Hall of Famer
    By Jon B. Eisenberg

Volume 32, 2019

Volume 32, Number 3, 2019

  • From the Section Chair
    2019 Was Great; Let’s Make 2020 Better
    By George Wailes
  • Editor’s Foreword
    Still Flying High
    By Benjamin G. Shatz
  • The California Supreme Court, 2018-2019:
    The Rise of the Brown Court
    By Kirk C. Jenkins
  • Is It Time for a Major Shift in Thinking About Under-publication of Court of Appeal Opinions in California?
    By Justice Elizabeth A. Grimes and Sean M. SeLegue
  • California-Federal Procedural Contrast:
    Conjecture About Selected Differences
    By Bill Slomanson
  • Robert Rules:
    The Census and Gerrymandering Cases
    By Justice Alison M. Tucher
  • Climate Change Comes to the Ninth Circuit:
    Juliana v. U.S. Tests a Novel Due Process Claim with Far-Reaching Implications for Environmental Litigation
    By Douglas A. Fretty
  • Choosing and Using Case Authority:
    Tips and Ethics for Litigators
    By Sarah Hofstadter
  • Out with the Old, in with The New — Try an Updated Approach to Jury Selection
    By Dr. Noelle Nelson
  • A Journal to a Paramount Moment in International Dispute Resolution:
    The Singapore Convention
    By Ana M. Sambold
  • The Browns of California:
    The Family Dynasty That Transformed a State and Shaped a Nation By Mirriam Pawel
    Reviewed by Marc Alexander
  • An Honorarium to Stan Bachrack
    By Thomas J. McDermott

Volume 32, Number 2, 2019

  • From the Section Chair
    Two Summer Books, a Special Birthday, and What’s Next
    By Thomas Greene
  • Editor’s Foreword
    Better, Faster, Cheaper!
    By Benjamin G. Shatz, Editor-in-Chief
  • Not Tentative About Tentatives: Three Perspectives on Tentative Appellate Opinions
    Part 1 By Justice Carol D. Codrington & Yoginee Braslaw
    Part 2 By Justice Elizabeth A. Grimes Part 3 By Benjamin G. Shatz
  • Tentative Rulings: A Perspective From The Trial Court Trenches
    By Judge Sunil R. Kulkarni
  • The Singapore Convention and California’s Role in a New Era of International Mediation
    By Eric Z. Chang & Howard B. Miller
  • Shared E-Scooters: Proliferation, Litigation, and Regulation
    By Zach Heinselman
  • Government Regulation and Citizen Safety: Three Books Reviewed
    By Marc Alexander
  • Stephen J. Field: Is That a Pistol in Your Robe or Do You Just Want to Flog Me?
    By James Attridge

Volume 32, Number 1, 2019

  • Inside From the Section Chair
    Opportunities for Service
    By Thomas Greene
  • Editor’s Foreword: Singularly First Person
    By Benjamin G. Shatz, Editor-in-Chief
  • The Fight Over Martins Beach: Convincing the Supreme Court to Deny a Tech Tycoon’s Attempt to Cut Off Public Beach Access
    By Anna-Rose Mathieson
  • Running for Judge What I Gained Besides a Judgeship
    By Hon. Syda K. Cogliati
  • The Nudge Principle Prompts a Drop in Demurrer Filings
    By Hon. Richard Fruin
  • Tough Cases
    Canan, Mize & Weisberg, eds. The New Press, N.Y. 2018
    Reviewed by Justice Therese M. Stewart
  • We the Corporations: How American Businesses Won Their Civil Rights by Adam Winkler
    Reviewed by Marc Alexander
  • Psychology and Persuasion in Settlement
    By Stacie Feldman Hausner
  • California Confidential What Happens In Mediation May Not Stay In Mediation
    By Ana M. Sambold
  • MCLE Test
    Questions for Self-Study Test
  • Why I Am a CLA Litigation Section Member
    By David D. Wong

Volume 31, 2018

Volume 31 Number 3, 2018

  • Inside From the Section Chair Looking back; looking forward
    By Thomas Greene
  • Editor’s Foreword: Full Courts
    By Benjamin G. Shatz, Editor-in-Chief  
  • The California Supreme Court, 2017-2018: Coping With a Short Bench
    By Kirk C. Jenkins
  • Strengthening the Civil Jury
    By Anna Offit & Richard Lorren Jolly
  • Resolving Discovery Disputes in Federal Courts
    By Alyson Berg & Kristina Doan Strottman
  • A Dozen Brilliant Litigation Strategies That Backfire in Arbitration
    By Gary L. Benton  
  • Ten Tips for Writing a Winning Arbitration Brief
    By Zee Claiborne
  • What Is Neutral-Driven Dispute Resolution (NDR) And When Do I Need It?
    By Rob Christopher & Sonya Sigler
  • The Justice of Contradictions: Antonin Scalia and the Politics of Disruption by Richard L. Hasen
    Reviewed by Marc Alexander
  • New Liberty From Liability Insurance Coverage Worries
    By Michael G. Dawe & Brian D. Cronin
  • The E-Word: Emotions, Women, and the Law
    By Marie Jonas

Volume 31 Number 2, 2018

  • Editor’s Foreword: The East is (in the) Red!
    By Benjamin G. Shatz, Editor-in-Chief
  • Blood From a Stone: The Ongoing Judicial Crisis in the Eastern District of California Enters its Final Stage
    By Geoffrey Wilson and Alyson Berg
  • Left at the Altar: SCOTUS Promises to Clarify its Cryptic Marks Rule for Divining the Precedential Impact of Plurality Decisions — But Doesn’t
    By Thomas R. Freeman
  • Opening Statements: “It Was a Dark and Windy Night …”
    By Michael D. Stein
  • The Intersection of Bankruptcy and Civil Litigation: Know Enough to Avoid Peril!
    By John D. Monte
  • Golden Opportunities for The Golden State: The Rise of International Arbitration in California
    By Eric Z. Chang
  • How Jurors View Attorneys: It All Starts With Voir Dire
    By David Perlut and Katie Vinson, Ph.D
  • Book Review – The Judge: 26 Machiavellian Lessons
    By Ronald K.L. Collins & David M. Skover Reviewed By Lawrence LaPorte
  • Book Review – Impeachment: A Citizen’s Guide by Cass R. Sunstein To End a Presidency: The Power of Impeachment by Laurence Tribe and Joshua Matz
    Reviewed by Marc Alexander

Volume 31, Number 1, 2018

  • Inside From the Section Chair
    By Megan A. Rowe
  • Editor’s Foreword: Spring into Summer
    By Benjamin G. Shatz, Editor-in-Chief
  • People v. Sanchez: Hearsay, and Expert Testimony
    By Don Willenburg, Gary A. Watt, and John A. Taylor, Jr.
  • The Value Of Pre-Litigation Mediation: What Every California Lawer Should Know
    By Jan Frankel Schau
  • America’s Opioid Epidemic: Emerging Issues of Insurance Coverage
    By Laura A. Foggan and Michael Lee Huggins
  • Police Officers On Trial: “Protect and Serve” or “Protect and Survive”
    By Thomas M. Madruga
  • Where External Reality Collides with Trial: Judicial Disqualification Lessons from the Harry Bridges Cold War Trials
    By Peter Afrasiabi
  • Louis D. Brandeis: American Prophet by Jeffrey Rosen
    Reviewed by Marc Alexander
  • A Week in Legal London: One Lawyer’s Love Affair
    By Lawrence E. Biegel
  • Yick Who? The Great American Hero
    By James Attridge

Volume 30, 2017

Volume 30, Number 2, 2017

  • Inside From the Section Chair
    By Kathleen Brewer
  • Editor’s Foreword: Hail to the Chiefs
    By Benjamin G. Shatz
  • Confidentiality In Arbitration
    By Marc Alexander
  • Unintended Consequences of ADR
    By Justice James Marchiano (Ret.)
  • Briefing Issues Pending Before the California Supreme Court
    By Justice Jon Streeter, Honey Kessler Amado, and Leah Spero
  • Technology in the Courtroom: Does It Engage or Overwhelm Jurors?
    By Dr. Noelle Nelson
  • Red Flags in the Defense of an Employment Case
    By Paulette Taylor
  • Family Law Litigation After Shimkus: Before Submitting at a Hearing, Always Move to Admit Your Declarations
    By Lauri Kritt Martin
  • How Intangible Harms Can Result in Tangible FCRA Damages in California’s Post-Spokeo Landscape
    By Elizabeth A. Sperling and Alex P. Pacheco
  • Brief Basics: The Table Of Contents
    By Joan Wolff
  • Richard Nixon: The Whittier Washout
    By James Attridge

Volume 30, Number 1, 2017

  • From the Section Chair
    Preparing for Transformation

    By Kathleen Brewer
  • Save the Dates
  • Editor’s Foreword

    By Benjamin G. Shatz
  • No, 42 is Not the Answer!
    By Editor-in-Chief-in-Error, Benjamin G. Shatz
  • Robot Vehicles and the Real World
    By Raymond Paul Johnson
  • Joint Laws Transforming California
    By Joaquin Vazquez
  • The Opening Statement For the Defense
    By John C. Conti
  • Identifying and Avoiding the Unauthorized Practice of Law in a Global Economy
    By Alison Buchanan
  • A Review of Catherine L. Fisk’s Writing for Hire: Unions, Hollywood and Madison Avenue
    By Marc D. Alexander
  • My First Appellate Argument
    By Yen-Shyan Tseng
  • Trial Lawyer Hall of Famer Ephraim Margolin: An edited version of an interview
    By Jeffrey Thomas

Volume 29, 2016

Volume 29, Number 2, 2016

  • From the Section Chair
    By Reuben Ginsburg
  • This is Not a Book Review
    By Benjamin G. Shatz
  • Editor’s Foreword”
    Baby Steps: On the Path to Full Publication?

    By Benjamin G. Shatz
  • It’s Time to Replace Summary Depublication by the California Supreme Court with Something Better
    By J. Anthony Kline and Jerome B. Falk, Jr.
  • Managing Your Litigation Team for the Ultimate Benefit of the Client
    By Allen L. Lanstra
  • CACIs Compel Litigators to “Do It In Reverse”
    By Travis Burch
  • Trial Ethics: Witnesses
    By Wendy Wen Yun Chang
  • Sweet Little Lies
    By Jacob Glucksman
  • Overview of State Bar Court Procedure
    By James Ham and Ellen Pansky
  • Thinking Beyond the Assignment: Selection and Management of Expert Witnesses
    By Philip Simmons
  • Secondments: A View from the Inside-Out
    By Dorit Glockner Warner
  • We Must Promptly Restore Court Reporters to Trial Courts Throughout California
    By The Honorable W. Kent Hamlin

Volume 29, Number 1, 2016

  • From the Section Chair
    A Non-Traditional Viewpoint

    By Reuben Ginsburg
  • Letters to the Editor
  • Editor’s Foreword:
    Golden Opportunity: A Fifth California Justice

    By Benjamin G. Shatz
  • Demystifying CACI
    By The Honorable Martin J. Tangeman
  • Temporary Judges in California Superior Courts
    By Judge Stuart M. Rice
  • Write Your Papers Like You Try Your Cases
    By Daniel P. Barer
  • Ten Ways to Increase Your Persuasion Skills
    By James J. Brosnahan
  • Is That Your Final Judgment?
    By Dean A. Bochner
  • Privacy Expectations in an Era of Drones
    By Kristopher Kokotaylo
  • An Overview of Asbestos Litigation in California
    By Nick Martin
  • Exhibits: Never Mind the Quality, Feel the Width
    By John Derrick
  • Keeping Women in Civil Litigation Practice:
    Making it More Civilized

    By Laura W. Brill
  • McDermott On Demand:
    The Return of Dr. Arbuthnot 

    By Thomas J. McDermott, Jr.

Volume 28, 2015

Volume 28, Number 3, 2015

  • From the Section Chair: Your Litigation Section has been busy!
    By Carol D. Kuluva
  • Book Review
    By Jessamyn Vedro
  • Editor’s Foreword: Help for litigants, help for the courts
    By Benjamin G. Shatz
  • California Courts on Active Duty
    By Justice Eileen C. Moore
  • Language Access for All
    By Judge Steve Austin and Judge Manuel Covarrubias
  • Amicus Briefs in the California Supreme Court: Indicia of their Importance and Impact
    By Mary-Christine Sungaila
  • Working From Home: Appellate Collaboration in the Digital Age
    By Justice Elizabeth A. Grimes and Erica Toews
  • An Injunction by any Other Name: Mandatory and Prohibitory Preliminary Injunctions
    By Khai LeQuang
  • My First Jury Trial
    By Tamara S. Freeze
  • Follow-Up to Concepcion
    By Paul Dubow
  • McDermott On Demand: AND IN THIS CORNER…
    By Thomas J. McDermott, Jr.
  • The Demurrer: A Play in Two Acts
    By Paul S. Marks

Volume 28, Number 2, 2015

  • From the Chair
    By Carol D. Kuluva
  • A Unique Way to Earn MCLE Credits
    By Donald W. Barber
  • Editor’s Foreword: This is Not a Eulogy!
    By Benjamin G. Shatz
  • Dutch Treat
    By Justice Eileen C. Moore
  • Curious Clerks and the Case of the Yellow Hat
    By Paula Mitchell
  • Where First Amendment Internet Anonymity Rights Collide with Copyright
    By Peter Afrasiabi
  • The Mysterious World of Civil Litigation Bonds
    By Dan Huckabay
  • Timing Posttrial Motions: Statutory Amendments Freshen the Bait in Traps for the Unwary
    By Paul R. Johnson
  • Can Private Attorney General Actions Be Forced into Arbitration?
    By Marc D. Alexander
  • Demystifying Patent Litigation
    By Michael I. Rothwell
  • New Lawyers: Why I Went to Law School and Chose Not to Work in a Firm
    By Saveena K. Takhar
  • Belated Thanks for Something I Borrowed
    By Raoul Kennedy
  • McDermott on Demand: IF ONLY…. Supreme Court of the United States, October Term, 2015
    By Thomas J. McDermott, Jr.

Volume 28, Number 1, 2015

  • Be Prepared: Your Week in Legal London
    Jurisdiction is no bar – the English barrister is abroad
    By David Grief, Carolyn McCombe and Nicholas Hill
  • A Fond Vaarwel… 
    By Sharon J. Arkin
  • Editor’s Foreword:
    Class Without Ostentation 

    By Benjamin G. Shatz
  • A Path to Writeousness: What the Seven Deadly Sins Might Teach Us About Written Advocacy 
    By Richard H. Nakamura, Jr.
  • Reclaiming Our Noble Profession:
    Civility in the Practice of Law
    By Michael D. Stein
  • The Fine Line Between Protected Demand Letters and Extortion 
    By Felix Shafir and Jeremy Rosen
  • The Disentitlement Doctrine:
    A Trap for Unwary Judgment Debtors in Civil Appeals

    By Scott M. Reddie
  • Forfeiture at the Pleading Stage:
    Ask Permission First, Don’t Apologize Later 

    By Rupa G. Singh and Kevin K. Green
  • The Litigator’s Must-Know Lexicon of Idioms Used by Young Businesss Professionals 
    By Justice Elizabeth A. Grimes and Robert Toews
  • Employers Take Note:
    The U.S. Supreme Court Has Entered the Digital Age

    By Jill L. Friedman
  • “I Learned About Litigating from That”
    Adapt and Take Advantage of Opportunities
    By Bruce M. Brusavich
  • Trial Lawyers Hall of Fame:
    Being a Trial Lawyer
    By Cris Arguedas
  • ADR Update:
    Dealing with AB 2617
    By Paul Dubov
  • McDermott on Demand:
    Pass the Scalpel, Please

    By Thomas J. McDermott, Jr.

Volume 27, 2014

Volume 27, Number 3, 2014

  • From the Section Chair
    By Robert M. Bodzin
  • Letters to the Editor
    By Hon. J. Barton Phelps
  • Editor’s Foreword:
    Show and Tell: Food Fight in the Courtroom

    By Benjamin G. Shatz
  • A New Aggregate Litigation Model Emerges – Technology-Driven Mass Actions
    By Ray E. Gallo
  • Recent Activity in Frivolous Appeals
    By Will Tomlinson
  • Summary Contempt and Due Process: England, 1631, California, 1888
    By Marc Alexander
  • Confidence Before the Court: How to Find It
    By William H.D. Fernholz
  • Court Filings: Time to Sign Out of the Signature Requirement?
    By John Derrick
  • Court Reporters Transcripts in a Digital World: Yesterday’s Rules Don’t Fit Today’s Technology
    By Melinda W. Ebelhar
  • Have A Voice! Weighing In On Prospective California Judges Through the JNE Commission
    By Lara M. Krieger
  • To Demur or Not in SLAPP Cases: Don’t Shoot Yourself in the Foot
    By James J. Moneer
  • Experiences of a New Lawyer
    By Paymon Khatibi
  • McDermott on Demand: The Rules of Procedure or the Rule of Law?
    By Thomas J. McDermott, Jr.

Volume 27, Number 2, 2014

Volume 27, Number 1, 2014

Volume 26, 2013

Volume 26, Number 3, 2013

  • From the Section Chair
    By Lisa Cappelluti
  • Editor’s Foreword: Signing Off 
    By John Derrick
  • California Judicial Elections: Not What the Greeks Had in Mind, Maybe, But it Works 
    By Hon. William W. Bedsworth
  • Trial Lawyer Hall of Fame (2001): Law and the Six-Minute Interval 
    By Joe Genshlea
  • Beg, Borrow, Steal: Plagiarism vs. Copying in Legal Writing 
    By Benjamin G. Shatz and Colin McGrath
  • Sophisticated Intermediaries: (1) Should the “Sophisticated User” Defense Apply to Sophisticated Intermediaries? 
    By Josephine C. Lee-Nozaki and Thomas C. Corless
  • Sophisticated Intermediaries: (2) Suppliers Owe a Duty to Warn the Ultimate Consumers Of Their Dangerous Product, Even if There are Sophisticated Intermediaries in the Chain of Distribution 
    By Sharon J. Arkin
  • ADR Update: Developments in Ethical Standards for Arbitrators 
    By Paul J. Dubow
  • Basic Fairness: The Administrative Immigration Courts Should Take a Lesson from our State And Federal Court’s Playbooks 
    By Peter Afrasiabi
  • A Gatekeeper Embraced: Expert Opinion Testimony and the Long Road from Daubert to Sargon 
    By Robert G. Knaier
  • “I Learned About Litigating from That” “Don’t Let Them Make You a Secretary” 
    By Simona Farrise
  • New Lawyer Perspective: Consider Your Epitaph 
    By John Michael Montevideo
  • McDermott On Demand: Beam Me Down, Scotty: These Mortals Need Litigation Aid 
    By Thomas J. McDermott, Jr.

Volume 26, Number 2, 2013

  • Editorial Opinion Section Update: Trial Lawyer Hall of Fame
    By Lisa Cappelluti
  • Letters to the Editor
  • Editor’s Foreword: Wisdom from Heavyweights
    By John Derrick
  • The Super Lawyers of 50 Years Ago
    By James J. Brosnahan
  • Gene Majeski’s 10 Key Lessons to Becoming a Successful Trial Attorney
    By Kassie Cardullo
  • McDermott On Demand: Fame Is Fleeting But Change Endures
    By Thomas J. McDermott, Jr.
  • A Skeptical View of Repressed Memory Evidence
    By Shari R. Berkowitz and Elizabeth F. Loftus
  • Objective Analysis of the Recovered Memory Case
    By Constance J. Dalenberg and Meline Arzoumanian
  • Ethics: Cleaning Up Your Act
    By Benjamin G. Shatz
  • Focus Groups: From Discovery to Trial
    By Jude Basile
  • Comcast v. Behrend: Class Certification Just Got Even More Demanding
    By Joanna Rosen and John E. Pellegrini
  • Foreclosure Litigation: Trends and Solutions in California< br />By Kent Qian and Patrick Dunlevy

Volume 26, Number 1, 2013

  • Editorial Opinion: Section Update
    By Lisa Cappelluti
  • Letters to the Editor
  • Editor’s Foreword: The Way We Litigate Now?
    By John Derrick
  • Warning: The Internet May Contain Traces of Nuts (Or, When and How to Cite to Internet Sources)
    By Paul J. Killion
  • A Fresh Approach for a New Day
    By Judge Steven Jahr, Director, Administrative Office of the Courts
  • To Cite or Not to Cite? That Is the Question: Citing Unpublished Decisions in California State and Federal Courts
    By Benjain G. Shatz and Emil Petrossian
  • Bring Your Own Court Reporter
    By Robert Cooper
  • Judicial Discretion Advised: A Critique of California’s Per Se Disqualification Rule in Concurrent Representation Cases
    By Mark T. Drooks and Jessica S. Chen
  • An Unresolved Issue: Article III Standing for Statutory Damages
    By Michael A. Geibelson and Joel A. Mintzer
  • Ninth Circuit Attorney Fee Awards & De Novo Review
    By Audra Ibarra
  • New Lawyers: The New Trial Lawyer
    By Neil Berman
  • ADR Update: California Arbitration in the Wake of Concepcion
    By Paul J. Dubow
  • “I Learned about Litigating from That”: The Corporate Crack
    By William M. Shernoff
  • McDermott on Demand: Book Review
    The Partisan: The Life of William Rehnquist

    Reviewed By Tom McDermott

Volume 25, 2012

Volume 25, Number 3, 2012

  • Inside Editorial Opinion: Litigation Without Courts, and No, I’m Not Talking Arbitration
    By Michael A. Geibelson
  • Editor’s Foreword: Dire Straits
    By John Derrick
  • Crisis in the Courts: Budget Cuts and the Opportunity for Change
    By Chief Justice Tani G. Cantil-Sakauye
  • Preserving Justice for the Citizens of California
    By Judge David R. Lampe
  • The New Normal in the Los Angeles County Superior Court
    By Hon. Lee Smalley Edmon
  • Litigating in Austere Times
    By Simona A. Farrise
  • Rubbernecking on the Ethics Highway
    By Benjamin G. Shatz
  • Id., Ibid. and All that Stuff: What You Always Wanted to Know, But Never Dared to Ask
    By John Derrick
  • Vegas Goes Viral: A New Frontier in Litigation
    By Mitchell A. Kamin and Jessie Kornberg
  • Going Small: Young Attorneyus Starting Their Own Practices
    By Megan Knize
  • “I Learned about Litigating from That” (1) The Deer Hunter
    By Mark P. Robinson, Jr.
  • “I Learned about Litigating from That” (2) What Would Perry Mason Say
    By Jerold Fagelbaum
  • McDermott On Demand: Advance — Come Forth From Thy Tyrolean Ground
    By Tom McDermott

Volume 25, Number 2, 2012

  • Editorial Opinion: On the Health of Trial Lawyers and Trial Courts
    By Michael A. Geibelson
  • Book Review
    By John Derrick
  • Editor’s Foreword: In Praise of Style
    By John Derrick
  • Citation Style: Why Do We Care?
    By Edward Jessen
  • What Do the Rules of Court Really Say About Typography?
    By Matthew Butterick
  • When Mass Murder and Theft of All Human Rights Were “Legal”: The Nazi Judiciary and Judges
    By Hon. Richard D. Fybel
  • Ethical Practice: How the Feds Enforce It
    By Charles G. Gomez
  • Evidentiary Extrapolations in California Class Actions: Guidance from Brinker
    By Kimberly A. Kralowec
  • Complying with the Government Claims Act
    By Alberto Boada
  • After the Deadline: How to Submit a Late Government Claim
    By Jaclyn Smith
  • Litigation Tech: Twenty-Four/Seven Access
    By Paul R. Kiesel
  • “I Learned about Litigating from That”: Don’t Wait for the Planets to Align
    By Carla Minnard
  • McDermott On Demand: Other Desert Cities
    By Tom McDermott

Volume 25, Number 1, 2012

  • Editorial Opinion: The Cost of “Free!”
    By Michael A. Geibelson
  • A Tribute to Bob Aiken
    By Mark A. Neubauer
  • Editor’s Foreword: Quadranscentennial Overview
    By John Derrick
  • The Round Table
    By John Derrick
  • Tom Sawyer Teaches Direct Examination
    By Hon. Michael L. Stern
  • Ethics: Judges Corral Horses and Ostriches to Combat Bad Lawyering
    By Benjamin G. Shatz
  • Associate Perspective: What I Wished I Learned in Law School
    By Sirena Castillo
  • How to Try a Patent Case to Persuade a Jury
    By Paulette E. Taylor
  • Discovery Abroad: How to Obtain Evidence Located Outside the United States
    By Elizabeth P. Beazley and Tara B. Voss
  • Judicial Opinion: In Praise of Presiding Judges and Justices
    By Hon. William F. Rylaarsdam
  • “I Learned About Litigating from That”: Do Something That Scares You
    By Richard L. Seabolt
  • McDermott On Demand: Law, Literature, Life
    By Tom McDermott

Volume 24, 2011

Volume 24, Number 3, 2011

  • Editorial Opinion: The Sky Is Falling…Again
    By Mike Geibelson
  • Book Review
    By Sharin J. Arkin
  • Editor’s Foreword: Themelessness
    By John Derrick
  • When the CEO Takes the Stand
    By Dr. Noelle Nelson
  • Recent Ethical Disasters: This Year’s Most Memorable Lawyering Lessons
    By Benjamin G. Shatz
  • Litigating Parallel Civil and Criminal Cases
    By Paul S. Chan
  • The California Public Records Act for the Civil Litigator
    By Mark Servino
  • Did I Win? Who is the Prevailing Party When Statutory Settlement Offers are made by Jointly Liable Defendants?
    By Joanne Madden
  • An Insider’s Guide to Obtaining Supreme Court Review
    By Blair Hoffman and Lisa Ferguson Walker
  • Does the Shoe Fit? Personal Jurisdiction Over Foreign Defendants
    By Elizabeth P. Beazley
  • The New Arbitrator Ethics Standards Disclosure of Professional Discipline Required
    By James R. Madison
  • Judicial Opinion: Bad Behavior Does Not Win a Case
    By Presiding Justice Arthur Gilbert
  • McDermott On Demand: Clients’ Agonistes
    By Tom McDermott
  • “I Learned about Litigating from That”: Introduction to a New Column
    By John Derrick

Volume 24, Number 2, 2011

  • Editorial Opinion: Are the State Bar Sections Important?
    By Elizabeth England
  • Book Review
    By Robert Aitken
  • Editor’s Foreword: Changing Faces
    By Sharon J. Arkin
  • My Friend the Chief Justice
    By Justice Vance Raye
  • Petitions for Review v. Merits Briefs: How to Get to the California Supreme Court and What to Do If You Actually Do Get There
    By Norman Pine and Beverly Pine
  • You Are in the Supreme Court — Now What?
    By Gary L. Simms
  • Preparing for Argument in the California Supreme Court
    By Jerome B. Falk Jr.
  • Pending Supreme Court Cases: Four May Affect Most Litigators
    By Audra Ibarra
  • Appellate Review in California Class Actions
    By Kevin K. Green
  • Politics and Justice: The Life of Stanley Mosk
    By Jacqueline Braitman and Gerald F. Uelmen
  • McDermott On Demand: The Third Bunch
    By Tom McDermott

Volume 24, Number 1, 2011: Random Thoughts

  • Editorial Opinion: Thirty Years in Litigation: Time for a Book?By Elizabeth England
  • Book Review
    By Robert Aitken
  • Editor’s Foreword:Random Thoughts
    By Sharon J. Arkin
  • iPad for Lawyers
    By Tom McDermott
  • Justice for Veterans
    By Eileen C. Moore
  • “Esquire”: Yes or No?
    By John Derrick
  • The Wacky World of Legal Malpractice
    By Howard A. Kapp
  • The Cassel Decision: More Questions than Answers
    By Paul J. Dubow
  • Judicial Opinion: Case Management Conference Practice Tips for Veterans and NovicesBy Hon. Michael L. Stern

Volume 23, 2010

Volume 23, Number 3, 2010: Insurance

  • Editorial Opinion: Then and Now: Meeting the Challenges
    By Elizabeth England
  • The End of Lawyers “!” or “?”
    by Tom McDermott
  • Point/Counter-Point: Do Dictionary Definitions Control Insurance Policy Interpretation?
    • POINT (No, not necessarily)
      By Brian Kabateck and Michael Storti
    • COUNTER-POINT (Yes, usually they do)
      By James Robie and Michael O’Neill
    • What’s the Point?
      By Sharon Arkin
  • Genuine Dispute Doctrine in Third Party Bad Faith Cases
    By Justice Walter Croskey
  • No Coverage for Injuries Inflicted in Self-Defense
    By Daniel U. Smith
  • Minkler v. Safeco: The “severability of insurance” in an Important California Case
    By Jeffrey Isaac Ehrlich
  • Evolving Class Certification Standards in Federal Court
    By Christopher L. Lebsock
  • Depleting Liability Limits and the Decision to Settle
    By Louie Castoria

Volume 23, Number 2, 2010: E-Litigation

  • Editorial Opinion: Pushing E-Filing Across the Finish Line
    By Michael D. Fabiano
  • Book Review
    By Robert Aitken
  • Editor’s Foreword: The Magic — And the Danger — Of the Internet
    By Sharon J. Arkin
  • On Citation to Wikipedia (& Other Things)
    By John Derrick
  • Authenticating Web Pages: Can It Be Done?
    By Shaun M. Murphy
  • Legal Impacts of Social Networking in the Workplace: The Public Water Cooler
    By Sue Glueck
  • New Developments in California Privacy and Defamation Law
    By Neville L. Johnson and David A. Elder
  • Mining the Bonanza of Social Media Marketing Opportunities
    By Gary Gwilliam, Susan Hanshaw and Dean Guadagni
  • The Legislative History of the New Electronic Discovery Act: Part I
    By Will Hoffman
  • Legislative History Tips: A Page from the Courts’ Unofficial Playbook
    By Carolina Rose
  • Judicial Opinion: Civility in the Practice of Law
    By Justice J. Gary Hastings (Ret.)

Volume 23, Number 1, 2010: What’s happening?

  • Ex Com Foreword: My Legal Hong Kong Experience — The HK1 Vaccine
    By Judy M. Lam
  • Book Review
    By Robert Aitken
  • Descent Into the Maelstrom: Should I Go Away Mad or Glad?
    By Thomas J. McDermott, Jr.
  • Getting Going in Today’s Economy
    By David J. Cook
  • Growing During Tough Times: Building Your Small Firm
    By Shawn Khorrami
  • Attorney Advertising: Successfully Reaching Those Who Need Help
    By Christopher Dolan
  • Reforms in the Compromise of Claims for Minors and Persons with Disabilities
    By Bruce M. Brusavich
  • Conflicts of Interest Arising from Successive Matters
    By Ara Jabagchourian
  • The Art of Mediation: Ten Rules for Effective Participation
    By Kendall C. Reed
  • 45 Judicial Opinion: A Nation of Do-It-Yourself Lawyers
    By Chief Justice John T. Broderick, Jr. and Chief Justice Ronald M. George

Volume 22, 2009

Volume 22, Number 3, 2009: Fees! Fees! Fees!

  • Editorial Opinion: Getting Involved in the Section
    By Michael D. Fabiano
  • Book Review
    By William F. Rylaarsdam
  • Editor’s Foreword: Still on the Money
    By Sharon J. Arkin
  • How Well-Crafted Fee Agreements Can Reduce Risk and Help You Do Better Financially
    By Steve Lewis
  • Fee Recovery in Contingency Fee Cases
    By Ellen R. Peck
  • Generation “e”: Do You Make the Grade?
    By Timothy Pitka
  • Mandatory Fee Arbitration Survives Schatz’ Shots
    By Michael J. Fish and Jill Sperber
  • Funding for Legal Aid and Attorney Fee Awards: Development of Funding for Legal Aid Offices
    By William T. Tanner
  • Colle
    cting Attorney Fees In Arbitration
    By Paul J. Dubow
  • Judicial Opinion: The Thirty Pack
    By Hon. Gregory W. Alarcon

Volume 22, Number 2, 2009: Right on the Money

  • Editorial Opinion: Finding Balance
    By Gregory A. Nylen
  • Book Review: Wearing the Robe By Hon. James P. Gray
    by Robert Aitken
  • Editor’s Foreword:
    Right on the Money
    By Sharon J. Arkin
  • The Rise and Flaws of the Billable Hour
    By John Derrick
  • Alternative Fee Arrangements: Who’s Responsible for Making Them Work?
    By Rebecca M. Lamberth, Stephanie A. Hansen and Christina C. Marshall
  • Litigation Remuneration in England and Wales
    By Peter Curnock and Justin Robson
  • Unconscionable Fees
    By Ellen R. Peck
  • Using Expert Declarations in SLAPP Fee Motions
    By James J. Moneer
  • Class Action Fees in California
    By Sharon Arkin
  • Settling Cases Under Medicare, Medicaid and the SCHIP Extension Act
    By Will Shapiro
  • Judicial Opinion: Attorney Fee OrdersBy Hon. W. F. Rylaarsdam

Volume 22, Number 1, 2009: Electronic Litigation

  • Editorial Opinion: A Call for Civility in Troubled Times
    By Gregory A. Nylen
  • California’s E-Access Patchwork
    By John Derrick
  • Editor’s Foreword: My, What a Long Way We Have Come!
    By Sharon J. Arkin
  • An Attorney’s Guide to Understanding Calendaring
    By Joseph C. Scott
  • Telephonic Appearances in Judicial Proceedings: Getting Closer to Universal Judicial Acceptance
    By Bruce M. Brusavich
  • E-Discovery Update
    By Richard E. Best
  • eDiscovery: From the Arbitrators’ Perspective
    By Deborah Rothman
  • Oops! Did They Really Mean to Produce the Smoking Gun? What to Do with Inadvertently-produced Privileged Material
    By Paul Gale and Jeremy Rhyne
  • The Absolute Necessity of Litigation Management Software
    By Stephen L. Nelson and Carl H. Rifino
  • Love’s Labours Lost: The Electronic Brief, Norma Shearer & Me
    By Thomas J. McDermott
  • Using Computer Animation 101: What you really should know as a trial attorney
    By John Le Baron

Volume 21, 2008

Volume 21, Number 3, 2008: Damages

  • Editorial Opinion: Contractual Interpretation By Juries: Juries Are Not Supposed to Interpret Written Contracts, Or Are They?By Hayward J. Kaiser
  • Book Review
    By Robert and Marilyn Aitken
  • Editor’s Foreword: Damages: The All-Theme EditionBy Sharon J. Arkin
  • Point-Counterpoint: Some Reflections on the Hanif/Nishihama ‘Rules’
    Editor’s Note
  • The Collateral Conundrum: Olsen v. Reid Frame the Hanif/Nishihama Controversy — and Suggests How It Will Turn Out
    By Daniel P. Barer
  • Medical Special Damages ‘Incurred’ Under California Law: The Collateral Source Rule, Law of Contracts, and the Discount Myth
    By Scott H.Z. Sumner
  • When the American Rule Doesn’t Apply: Attorney’s Fees as Damages in California Litigation
    By Marc Alexander and William M. Hensley
  • Damages: The Importance of Distiguishing Elder Abuse from Actions for Professional Negligence
    By Russell Balisok
  • Staying Judgments on Appeal
    By Wendy Cole Lascher
  • Making Another Party Pick Up the Tab: Knowing Indemnity Rights in California Can Benefit Your Client
    By Mark Cumba

Volume 21, Number 2, 2008: The Great Outdoors

  • Editorial Opinion: Speaking of the Great Outdoors: We’re Back in Monterey
    By Mark A. Mellor
  • Book Review
    By Robert and Marilyn Aitken
  • Editor’s Foreword: Whither Goest?
    By Sharon J. Arkin
  • Taking on the California Coastal Commission
    By J. David Breemer
  • Construction Defect in Home Developments
    By Raymond Paul Johnson and Thomas H. Schelly
  • The Impact of Green Building Initiatives on Construction Defect and Design Claims
    By Ian A. Stewart
  • Fitting Climate Change Into CEQA: Some Relevant Legal Considerations
    By James T. Burroughs and Heather S. Riley
  • Dispute Resolution Boards: From Construction to Bio-Tech
    By Kendall C. Reed and Eric van Ginkel
  • Dina v. People Ex Rel Department of Transportation: The Perils of Making It Up As You Go
    By Marlena Mouser and Damon Guizot
  • Judicial Opinion: Direct Calendaring Systems Work
    By Hon. Lee Edmon and Hon. William F. Highberger

Volume 21, Number 1, 2008: Class Actions

  • Editorial Opinion: Professional Ethics: Beyond the Professional Rules
    By Erik J. Olson
  • Book Review
    By Sharon J. Arkin
  • Editor’s Foreword: Not an Easy Thing to Do
    By Sharon J. Arkin
  • Practicing Law by the Code of the West
    By Robert K. Sall
  • The Ethics of On-Line Client Development
    By Michelle H. Frahm
  • Disclosure Obligations of Dispute Resolution Neutrals: Appearance or Reality
    By Robert A. Holtzman
  • New State Insurance Certification and Disclosure Rules Narrowly Rejected — But Stay Tuned
    By Tom Trombadore
  • Judicial Disqualification and Disclosure: Stumbling Blocks for the Litigator
    By Hon. Joanne B. O’Donnell
  • Disqualification Dangers
    By Ellen Peck
  • Advice to Give an Identity Theft Victim
    By Andrew J. Ogilvie
  • Use of Offers to Compromise in Contractual Arbitration
    By John H. L’Estrange, Jr. and Joseph T. Ergastolo

Volume 20, 2007

Volume 20, Number 3, 2007: Ethics

  • Editorial Opinion: Professional Ethics: Beyond the Professional Rules
    By Erik J. Olson
  • Book Review
    By Sharon J. Arkin
  • Editor’s Foreword: Not an Easy Thing to Do
    By Sharon J. Arkin

  • Practicing Law by the Code of the West
    By Robert K. Sall
  • The Ethics of On-Line Client Development
    By Michelle H. Frahm
  • Disclosure Obligations of Dispute Resolution Neutrals: Appearance or Reality
    By Robert A. Holtzman
  • New State Insurance Certification and Disclosure Rules Narrowly Rejected — But Stay Tuned
    By Tom Trombadore
  • Judicial Disqualification and Disclosure: Stumbling Blocks for the Litigator
    By Hon. Joanne B. O’Donnell
  • Disqualification Dangers
    By Ellen Peck
  • Advice to Give an Identity Theft Victim
    By Andrew J. Ogilvie
  • Use of Offers to Compromise in Contractual Arbitration
    By John H. L’Estrange, Jr. and Joseph T. Ergastolo

Volume 20, Number 2, 2007: The Court’s Redux: A Continuing Debate

  • Editorial Opinion: Support Our State’s Courts
    By Eric J. Olson
  • Book Review
    By Robert Aitken
  • Editor’s Foreword – The Court’s Redux: A Continuing Debate
    By Sharon J. Arkin
  • An Alternative View to Justice Ruvolo’s Critique of ADR
    By The Hon. Helen I. Bendix
  • Judges As Social Workers? What Is the Appropriate Role of Judges in Collaborative Courts?
    By The Hon. Douglas Hatchimonji
  • The Compelling Need for a Civil Master Trial Calendar System
    By The Hon. Elwood M. Rich (Ret.)
  • Ten Deadly Distractions of a Jury Trial
    By The Hon. Michael L. Stern
  • The Effective Theme of Trial: An Essay
    By e. robert (bob) wallach
  • The Procedural Morass Called C.C.P. Section 170.6: Should You? Would You? Could You?
    By Sharon J. Arkin
  • Judicial Opinion: Section 170.6 Challenges: Doing ‘the right thing’
    By The Hon. Rodric Duncan (Ret.)

Volume 20, Number 1, 2007: Crisis in the Courts?

  • Editorial Opinion: What Do Lawyers Do?
    By Eric J. Olson
  • Book Reviews
    By Robert and Marilyn Aitken
  • Editor’s Foreword: Is There a Crisis in Our Courts?
    By Sharon J. Arkin
  • Time to Re-Examine the State of Civil Litigation in California
    By Justice Ignazio J. Ruvolo
  • Self-Represented Litigants in Family Law
    By The Hon. Donna Hitchens and Bonnie Rose Hough
  • Two SLAPPS Don’t Make a Right: (But They Do Clog Our Courts)
    By James S. Moneer
  • Progress on the Path to Equal Justice
    By Kenneth W. Babcock
  • Collaborative Courts: The Model for Therapeutic Justice
    By The Hon. Wendy Lindley
  • Complex Courts: Making Courts That Work for Litigants
    By Paul R. Kiesel
  • Why Trial Lawyers Should Care About History: The California Supreme Court Historial Society
    By Ray E. McDevitt
  • Judicial Opinion: Judges As Social Workers
    By The Hon. W. F. Rylaarsdam

Volume 19, 2006

Volume 19, Number 3, 2006: Malpractice

  • Editorial Opinion: E-Discovery From Avoiding Malpractice to Gaining a Litigation Edge
    By Richard L. Seabolt
  • Book Reviews
    By Robert Aitken
  • Editor’s Foreword: Malpractice
    By Joan Wolff
  • “Jail 4 Judges”
    By Professor Chris Hutton
  • On a Precipice of Potential Malpractice
    By Diane L. Karpman
  • Courts Resist Calls for Intervention in Physician Expert Testimony
    By John Vail
  • HMO Liability: Malpractice or Bad Faith?
    By Scott Glovsky
  • Arbitration Immunity
    By James R. Madison
  • The “Battleground” in Accounting Malpractice Cases
    By Randall J. Dean and Mark E. DiMaria
  • The Hidden Risk: Third Party Liability and the Litigation Lawyer
    By Ellen R. Peck
  • Judicial Opinion: Let’s Prepare for Success Where Our Cases Actually Resolve
    By The Hon. J. Richard Haden (Ret.)

Volume 19, Number 2, 2006: Privacy Rights and Wrongs

  • Editorial Opinion: Legal London and the Courts of England
    By Richard L. Seabolt
  • Book Reviews
    By Robert Aitken
  • Editor’s Foreword: Privacy Rights and Wrongs
    By Joan Wolff
  • Identity Theft: How to Protect Yourself and Your Clients!
    By Mari J. Frank
  • The “Surveillance Society”: Can Privacy Torts Keep Up with Technology?
    By Sharon Arkin
  • Data Privacy in a Digital Age
    By Kathleen M. Sullivan
  • Biometrics and Privacy
    By Rocky C. Tsai
  • Privacy and the First Amendment
    By Neville L. Johnson
  • Videotaped Depositions of Celebrities: Crafting a Protective Order to Protect Privacy Rights
    By Allen B. Grodsky
  • The Future of the California Courts
    By J. Clark Kelso
  • Judicial Opinion: Protecting the Privacy of Non-parties in Court
    By The Hon. Eileen C. Moore

Volume 19, Number 1, 2006: The Corporate Litigators

  • Editorial Opinion: Stay Connected
    By Richard L. Seabolt
  • Silverado and Nirvana
    By e. bob wallach
  • Editor’s Foreword: The Corporate Litigators
    By Joan Wolff
  • Roundtable Discussion: In-House Perspective on Litigation Panel
    Charles A. James, Mark Chandler, Richard M. Burt, Jill Dessalines and Joseph J. Catalano
  • Representing Small Business Owners
    By Cliff Roberts
  • Representing Corporate Clients in Litigation
    By Kirk A. Pasich
  • Reflections of a Graduate of the Belli-Heafey School of Trial Advocacy
    By Raoul D. Kennedy
  • Where the Color of Law Is Orange: The Decisions of a Single Court Reveal the Forces Shaping Recent California History
    By Robert S. Wolfe

Volume 18, 2005

Volume 18, Number 3, 2005: The New Federalism

  • Editorial Opinion: Raising the Bar: The Litigation Section’s Proposed Model Code of Civility and Professionalism
    By William J. Caldarelli
  • Our Learned Colleagues
    By Sherry Barber
  • Editor’s Fore
    word: The New Federalism
    By Joan Wolff
  • Why the Rehnquist Court Was Wrong About Federalism
    By Erwin Chemerinsky
  • Federal Legislation and States Rights: Of Hapless Toads, Home-Grown Medical Marijuana, and Wiccan Worship in State Prisons
    By John C. Eastman
  • Class Actions Fairness Act of 2005
    By Elizabeth J. Cabraser and Fabrice Vincent
  • Interstate Recognition of Same-Sex Couples’ Legal Relationships: California Tracks National Discussion
    By Barbara J. Cox
  • The ‘Dead Bang Winner’ or The Uncertain Nature of Prophesy
    By Joan Wolff
  • Taming the Discovery Monster
    By Commissioner Richard E. Best
  • Judicial Opinion: Avoiding the Deposition Trap
    by Hon. Michael L. Stern

Volume 18, Number 2, 2005: Rediscovering Discovery

  • Editorial Opinion: Passing the Bar
    By William J. Caldarelli
  • ‘Juries Revisted’ Revisited
    By Stan Bachrack
  • Editor’s Foreword: Rediscovering Discovery
    By Joan Wolff
  • The Case for Early Expert Disclosure
    By Thomas C. Corless
  • Deposition Objections
    By Scott C. Glovsky
  • Discovery in Contract Arbitration
    By Michael S. Fields
  • Beyond the Envelope: Discovery Sanctions in State & Federal Courts
    By Elizabeth L. Musser and Laurie J. Hepler
  • E-Discovery Basics
    By Commissioner Richard E. Best
  • Rojas v. Superior Court: Encouraging Mediation Confidentiality or Supression of Evidence?
    By Bruce M. Brusavich
  • Standing Out from the Crowd: Successfully Obtaining Writ Relief from Discovery Orders
    By Mary-Christine (M.C.) Sungaila and Jason T. Weintraub
  • Judicial Opinion: Discovery, The Monster That Threatens To Eat Its Young
    by Hon. W. F. Rylaarsdam

Volume 18, Number 1, 2005: Juries Revisited

  • Editorial Opinion: Your Litigation Section at Work
    By William J. Caldarelli
  • Book Brief — William Bennett, The Devaluing of America: The Fight for Our Culture and Our Children
    Reviewed by Judge Derek W. Hunt
  • Editor’s Foreword: Juries Revisited
    By Joan Wolff
  • Mocking Juries
    By Andrew Guilford and Isabelle Ord
  • The Shrinking Jury Pool
    By Marty Graham
  • One Day, One Trial in Los Angeles: A Peek Behind the Robes
    By Hon. Jacqueline Connor
  • My Day in Court: Ladies and Gentlemen of the Jury, Have You Reached a Verdict?
    By Rodger Talbott
  • Voir Dire: An Overview
    By Thomas J. McDermott, Jr.
  • The Use and Abuse of Motions In Limine
    By Sharon J. Arkin
  • Marjorie Day — A Shining Model for the Trial Bar
    By William Rylaarsdam
  • Judicial Opinion: Bad Behavior Isn’t Funny
    by Hon. Elizabeth Humphreys

Volume 17, 2004

Volume 17, Number 3, 2004: Technology Today

  • Editorial Opinion: Leadership, Emerging E-Discovery and a Young Lawyer’s Letter
    By Charles V. Berwanger
  • Book Brief — The Real Trial of Oscar Wilde
    Reviewed by Robert Aitken
  • Editor’s Foreword: Technology Today
    By Joan Wolff
  • STRIKE! And the World of Tomorrow
    By Tom McDermott
  • Video Recording of Trial Testimony for Closing Argument
    By Richard L. Seabolt
  • Technology in the Modern Trial
    By Gregory G. Brown
  • Avoiding High Tech Abuses in the Courtroom: The Medium is Not the Message
    By Lawrence Riff
  • Reflections on Court Reporting Technology
    By William E. Hewitt
  • Court Reporters vs. Electronic Recording Machines: Why the Legislature Is Right
    By Scott A. Kronland
  • Computerization and Telecommuting for the Solo and Small Firm Lawyer
    By John E. Harding
  • Judicial Opinion: Judges, Lawyers, Education and Time
    by Hon. Derek W. Hunt

Volume 17, Number 2, 2004: What a Life

  • In Memoriam — Patricia Nicely Kopf
    Editor’s Foreword: What a Life
    By Joan Wolff
  • Musings in the Ante-Chamber of Fame
    By Ephraim Margolin
  • A Life in the Law, and Some Thoughts Thereon
    By Kurt Melchior
  • Judging Elizabeth
    By Hon. Elizabeth Humphreys
  • Lawyering and Volunteerism
    By Alvin Chan
  • The Pro Bono Payoff
    By Robert S. Gerber
  • Career Satisfaction or Career Change: Assessing the Options
    By Hindi Greenberg
  • Tune Out Stress…and…Tune in Yesterday
    By Thomas J. McDermott, Jr.
  • The Case for Plain English
    By Daniel U. Smith
  • Book Review: From Jim Crow to Civil Rights
    Reviewed by Hon. Eileen C. Moore

Volume 17, Number 1 2004: Potpourri

  • Editorial Opinion: Potpourri — Your Litigation Section and the State Court Budget Crisis
    By Charles V. Berwanger
  • Letters – Complex Litigation
    By Justice Richard D. Aldrich
  • Editor’s Foreward: Potpourri
    By Joan Wolff
  • California’s Certified Question Procedure: From Birth to First Steps
    By Phil Goar
  • Preparing Your Witness for a Successful Deposition
    By Paulette E. Taylor
  • When an Opponent Is a Corporation: Ethical and Practical Considerations in Contacting an Opponent’s Employees
    By Patrick A. Cathcart and Kate Cutler
  • Issues Relating to Expert Disqualification
    By Charleen M. Morrow
  • Death, by Meet and Confer
    By Edward P. Sangster
  • 20th Centural Dental (Mal)Practice in the 21st Century
    By Jay W. Friedman, DDS, MPH
  • California Civil Jury Instructions
    Edited by Lisa Miller
  • Judicial Opinion: What Do Judges Want?
    By Hon. Michael L. Stern

Volume 16, 2003

Volume 16, Number 3 2003: COMPLEX LITIGATION

  • Editorial Opinion: A Standing Ovation
    By Laura Lee Blake
  • Editor’s Foreword: Complex Litigaton
    By Joan Wolff
  • Ex Parte Discovery Hearings in Coordinated Proceedings: The Wave of the Future
    By Robert C. Wright and Laurie E. Barber
  • Joint-Defense Agreements: The Hidden Dangers
    By Patrick M. Ryan
  • Safeguardi
    ng the Record in Complex Cases Tried Before a “Privately Compensated Judge”
    By Vicki De Goff and Dick Sherman
  • Conducting Internal Corporate Investigations in Post Sarbanes-Oxley World: They Aren’t Internal Anymore
    By Donald W. Searles
  • The Asbestos Explosion: The Case Against Successor Products Liability in Asbestos Cases
    By Franklin J. Brummett
  • Imagining Arbitration: Importing effective Advocacy to an Alternative Forum
    By Francis O. Spalding
  • How to Prevent Unwarranted Depositions of Corporate Executives
    By Paul W. Dwight
  • Judicial Opinion: Dealing With Complex Civil Cases
    By Hon. W. F. Rylaarsdam

Volume 16, Number 2 2003: APPEALS

  • Editorial Opinions: Lawyers WIll Be Lawyers
    By Laura Lee Blake
  • Litigation Alert
    By Laura Lee Blake
  • Editor’s Foreword: Appeals
    By Joan Wolff
  • Babylonic Cuneiform and the Mysteries of the Writ
    By Wendy Lascher
  • The First Look: Recognizing the Chances for Success on Appeal
    By Paul J. Killion and Kathryn T. Kawaichi
  • Court of Appeal, First Appellate District Mediation Program
    By John A. Toker
  • Sizing Up Justice Moreno
    By Gerald F. Uelmen
  • Published or Perished: Requesting Publications of Unpublished Opinions in California
    By Eileen Lehmann
  • Oral Argument in the Federal Circuit Courts
    By Rex S. Heinke and Tracy L. Casadio
  • May It Please the Court
    By Tom McDermott
  • Judicial Opinion: Notes to Myself
    By Hon. Arthur Gilbert

Volume 16, Number 1, 2003: DAMAGE$

  • Editor’s Foreword: Damages$
    By Joan Wolff
  • Lost Profits Damages: From Expert Testimony Through Jury Instructions
    By Richard L. Seabolt
  • Illegal Aliens: Damages for Future Earnings and Medical Expenses
    By Deborah Dorny
  • Getting and Resisting Punitive Damages
    By Sharon J. Arkin
  • Beyond IIED: Obtaining Emotional Distress Damages in Consumer Cases
    By James C. Sturdevant and Monique Olivier
  • Punitive Damages: Not to Worry, Jurors Still Rely on Common Sense
    By Idgi D’Andrea
  • Thespians on a Different Stage: Conducting Dynamite Voir Dire and Opening Statement
    By Hon. Lawrence W. Crispo
  • Judicial Opinion: R.E.S.P.E.C.T.
    By Hon. Dallas Holmes

Volume 15, 2002

Volume 15, Number 3, 2002: JUDICIAL OPINIONS

  • Litigation Alert
    By Laura Lee Blake
  • Editor’s Foreword: Judicial Opinions
    By Joan Wolff
  • Difficult Judges: How to Survive Them
    By Hon. Arthur Gilbert
    First published in Volume 4, Number 2, 1991
  • Common Mistakes in Jury Trials
    By Hon. William F. Rylaarsdam
    First published in Volume 4, Number 2, Winter 1991
  • Preparing and Nurturing Your Witnesses
    By Hon. Robert H. O’Brien
    First published in Volume 4, Number 3, Spring/Summer 1991
  • In Your Client’s Best Interest: Starting With an Alternative
    By Hon. John K. Trotter, Ret.
    First published in Volume 5, Number 3, 1992
  • Turning Your Client’s Position Into the Judge’s First Impression
    By Hon. William A. Masterson and Laurence D. Jackson
    First published in Volume 6, Number 1, 1992
  • The Terror of Harmless Error
    By Hon. Arthur Gilbert
    First published in Volume 9, Number 1, 1995
  • The Municipal Court: A Judge Teaches Tactics
    By Hon. George J. Abdallah, Jr.
    First published in Volume 9, Number 3, Spring/Summer 1996
  • Cross Examination
    By Hon. William F. Rylaarsdam
    First published in Volume 10, Number 1, Fall 1996
  • ‘Three Strikes’: Three Perspectives
    By Ronald H. Abernethey, David Wellenbrock and Hon. George J. Abdallah, Jr.
    First published in Volume 10, Number 3, Spring 1997
  • Domestic Violence and Stalking — Challenges to the Court
    By Hon. Eileen Moore
    First published n Volume 11, Number 3, 1998
  • The Art of Oral Argument
    By Hon. Eugene M. Premo
    First published in Volume 12, Number 2, 1999 

Volume 15, Number 2, 2002: LAWYERS WITHOUT BORDERS

  • International Law and Litigation
    By John McNeece
  • Editor’s Foreword: Lawyers Without Borders
    By Judge Elizabeth Humphreys
  • A Different Animal: Trial Practice in Immigration Proceedings
    By David B. Raft
  • Taking Depositions in Japan
    By Nao S. Shimato
  • Practice in the Global Economy: What Litigators Should Know About International Arbitration
    By Yaroslav Sochynsky
  • Translations by Witness Interpreters: Issues and Solutions
    By John E. Porter and Lisa A. Popovich
  • When Discovery Crosses Borders: Producing Documents and Things Outside the United States
    By Scott M. Flicker and Quisaira Y. Almanzar
  • Human Rights Violations: Liability in U.S. Courts
    By Russell S. Kerr
  • Foreign Corrupt Practices Act
    By Stuart H. Deming
  • Judicial Opinion: Appellate Review of Interim Orders
    By Justice W. F. Rylaarsdam

Volume 15, Number 1, 2002: RES IMMOBILES

  • Letters
  • Editor’s Foreword: Res Immobiles
    By Elizabeth Humphreys
  • Thirty Years of Coastal Regulation: A Retrospective on the California Coastal Commission
    By Jamee Jordan Patterson
  • Land Use Litigation: A Story and a Lawsuit
    By Charles V. Berwanger
  • Landlord Tenant Disputes in Small Claims Court
    By Kenneth W. Babcock
  • Can Judgments Against Homeowners Associations Nab Homeowners?
    By Kennth M. Miller and Kathleen M. DeLaney
  • A Primer on Title Insurance
    By William R. Larr
  • Do Lawyers Deserve the Litigation Privilege Shield?
    By Marisa A. Tostado
  • Trial Myths and Misconceptions
    By Howard Varinsky and Paulette Taylor
  • Judicial Opinion: Task Force on Jury Instructions
    By Justice James Ward

Volume 14, 2001

Volume 14, Number 3, 2001: NO LAWYER’S AN ISLAND

  • Letters
  • Editor’s Foreword: No Lawyer’s An Island
    By Elizabeth Humphreys
  • The Other Bar: A Life Preserver in a Sea of Problems
    By Robert D. Resner (and members of The Other Bar)
  • Can Expert Witnesses Be Sued?
    By Virginia K. DeMarchi
  • Summary Judgments: Supreme Court Clarification and Potential Legislative Evisceration
    By Charles V. Berwanger
  • Federal Frolics
    By Andrew J. Guilford
  • Unpublished Decisions in the Ninth Circuit: Problems and Paradoxes
    By Andrea G. Asaro
  • Inside Securities Class Actions: What Bothers Jurors About Defendants
    By Dan R. Gallipeau
  • Collaborative Divorce: A New Paradigm of Alternative Dispute Resolution
    By Stephen B. Ruben
  • Do Well By Doing Good: Pro Bono Work
    By Tiela Chalmers
  • Judicial Opin
    ion: The Paperless Court: Myth or Reality
    By Judge William F. McDonald (Ret.)

Volume 14, Number 2, 2001: EMPLOYMENT LAW

  • Letters
  • Editor’s Foreword: Employment Law
    By Elizabeth Humphreys
  • The Mummy Returns: Can You Whistle While You Work?
    By Keith Hutchinson and Thomas J. McDermott, Jr.
  • Taking Stock: When Employers Fire Employees to Recapture Their Stock
    By David A. Lowe
  • The New California Disabilities Act: Minefield or Gold Mine?
    By George S. Howard, Jr.
  • Fighting for Class-Type Relief in Wage and Hour Actions
    By Stephen Berry and Sherri Fanger Mclnnes
  • Note to California Employers: Run, Don’t Walk, to the Courthouse
    By Anne E. Castle and Scott D. Gattey
  • Litigating Overtime Class Actions
    By Steven G. Zieff and Patrice Goldman
  • Mandatory Arbitration of Employment Claims
    By John M. True, III
  • Appellate Standards of Review: Paying More Than Lip Service
    By Gene Tanaka and Piero Dallarda
  • Judicial Opinion: Employment in the Law
    By Justice Eileen C. Moore

California Litigation, Volume 14, No. 1Volume 14, Number 1, 2001: BUGS

  • Editorial Opinion: Needed: One Bug Zapper
    By Jerome Sapiro, Jr.
  • Letters
  • Editor’s Foreword: Bugs
    By Elizabeth Humphreys
  • Making a Bee-Line to the Appellate Court: The Expanding Use of Writ Petitions as the Sole Appeal
    By Joan Wolff
  • When the State Bar Bugs You
    By Carol Langford and Claude Piller
  • Oral Argument and the Judson Welliver Society
    By Justice Paul Turner
  • Associate Retention: What Can Be Done?
    By Patricia Nicely Kopf
  • Fixing the Bugs in the State Bar
    By Robert S. Gerber
  • Getting Along with the ‘Difficult’ Attorney: How to Avoid Being Bugged
    By Robert N. Berg
  • The Case for Survival: A Bugs Paradigm
    By Nicki Carlsen and Doublas E. Wance
  • Judicial Opinion: The Fly in Our Judicial Ointment
    By Justice W.F. Rylaarsdam

Volume 13, 2000

Volume 13, Number 3, 2000: ‘IN RE DISCOVERY’

  • Letters
  • Editor’s Foreword: ‘In Re Discovery’
    By Elizabeth Humphreys
  • How Technology Has Changed Discovery: The Last Barrier Short of Mind-Reading
    By Thomas J. McDermott, Jr. and Janet M. Nolan
  • Criminal Discovery for Civil Lawyers
    By Steve Cochran and Angela R. Riley
  • How to Prepare the Bad Witness for Deposition and Trial
    By Michael Bruno
  • Discovery in the Information Society: Privacy Rights in the Twenty-First Century
    By Mark Waterman and Mark Kitabayashi
  • Appealing the Award of Rule 11 Sanctions
    By Mark Herrmann and Deborah Hamilton
  • Informal Discovery — What Works? What Is Ethical?
    By Michael J. Abbott and Catherine L. Dellecker
  • Appellate Review of Discovery Rulings
    By Gerald Clausen
  • Judicial Opinion: Litigation Sanctions
    By the Hononorable Ronald L. Bauer

Volume 13, Number 2, 2000: TRANSITIONS

  • Editorial Opinion: Associate Salaries: The Golden Fleece
    By Robert S. Gerber
  • Letters
  • Editor’s Foreword: Transitions
    By Elizabeth Humphreys
  • Sexual Harassment in Law Firms: The Cobbler’s Children Revisited
    By Johnny Darnell Griggs
  • Taking Stock in a Client’s Company: The Lawyer as Investor
    By Joseph F. Troy
  • Multidisciplinary Practices: Brave New World or a Plunge into the Dark Ages
    By Robert G. Wilson
  • Permitting Expert Testimony on Issues of Law
    By Mark L. Share
  • Volunteer Attorney-Mediators Settle Appeals
    By the Honorable Manuel A. Ramirez
  • More Damages and Deterrence Through the Elder Abuse Act
    By Russ Balisok
  • Judicial Opinion: California Leads the Nation — Complex Civil Litigation Courts
    By the Honorable Richard D. Aldrich

Volume 13, Number 1, 2000: YEAR 2000

  • Editorial Opinion: On the Road to Recovery
    By Robert S. Gerber
  • Letters
  • Editor’s Foreword: Year 2000
    By Elizabeth Humphreys
  • Three Cheers or Two Tiers? Predicting the Future of Our Courts
    By Gerald F Uelmen
  • Focus Groups: How to Realize the Benefits of Your Investment
    By Paulette E. Taylor
  • The Defective Design Controversy and the New Restatement on Products Liability
    By The Honorable William F Rylaarsdam
  • Federal Preemption and the Future of California Arbitration Agreements
    By Michael S. Fields
  • Report on Appellate Process Task Force
    By Justice Gary E. Strankman
  • Setting the Administrative Record Straight
    By Gene Tanaka and Piero C. Dallarda
  • Special Considerations in Settling Patent Cases
    By Charlene M. Morrow
  • Between Two Worlds: When Law Becomes a Commodity
    By Thomas J McDermott, Jr.
  • Judicial Opinion: Judicial Voir Dire, More Important Than Ever
    By Eileen C. Moore

Volume 12, 1998-1999

 Volume 12, Number 3, 1999: ARBITRATION

  • Editorial Opinion: Here’s to London and La Jolla
    By Dana J. Dunwoody
  • Letters
  • Editor Foreword: Arbitration
    By Russell Leibson
  • Alternative Dispute Resolution: Pitfalls in Drafting the Agreement — Is It Fish or Fowl?
    By the Honorable William F Rylaarsdam
  • Effective Techniques from the Arbitrator Perspective
    By Michael G. Ornstil
  • The Current State of Classwide Arbitration in California
    By William N. Hebert
  • Another View of the Peculiar Risk Doctrine
    By Robert S. Arns
  • Enforcement of Arbitration Contracts: The Unconscionability Defense
    By Ruth V Glick
  • Courts Are Divided on Compelling Employment Arbitration
    By Patricia Nicely Kopf
  • The California Supreme Court and Binding Arbitration Clauses
    By Elizabeth Humphreys
  • Customizing a Binding Arbitration to Best Fit Your Case
    By Eugene J. Egan and Carina M. Verano
  • Judicial Opinion: Judicial Arbitration: A Useful Tool for Settling Cases orRecovering Significant Costs
    By the Honorable William C. Harrison

Volume 12, Number 2, 1999: TACTICS

  • Editorial Opinion: The Foundation of the State Bar of California
    By Dana J. Dunwoody
  • Letters
  • Editor’s Foreword: Tactics
    By Russell Leibson
  • The Uses and Abuses of California’s Litigation Privilege
    By Richard L. Stone and Daniel B. Mestaz
  • Don’t Lose Your Appeal At Trial
    By Gregory R. Ellis and Gerald Clau
  • Effective Witness Preparation
    By Daniel M. Petrocelli and Brenda S. Barton
  • The Death — and Rebirth — of Fair Notice in Expert Exchange
    By Mark B. Canepa
  • Use of Guidelines and Regulations in Establishing Standards of Care and Conduct
    By David G. Brown and Joanne M. Krakora
  • Shifting Values in the Application of the Peculiar Risk Doctrine
    By Jeffrey Calkins
  • Judicial Opinion: The Art of Oral Argument
    By The Honorable Eugene M. Premo

Volume 12, Number 1, 1998: RECURRING ISSUES

  • Editorial Opinion: A Tumultuous Year
    By Dana J. Dunwoody
  • Letters
  • Editor’s Foreword: Recurring Issues
    By Russell Leibson
  • The Trial Lawyer’s Best Friend
    By Joan Wolff
  • Representing Interests Adverse to a Current Client: We Are Not in Kansas Anymore
    By Richard E. Flamm
  • The Death of a Defendant Could Bury Your Case
    By Leah E. DeLancey
  • Out of State Lawyer Beware: The Parochial Attitude Reflected in Birbrower
    By W. Reece Bader
  • The Growing Threat of Uninsured Claims Against California Lawyers: Bare and Exposed
    By Robert S. Gerber
  • Sexual Harassment: Updates on the Hottest Tort
    By Sue Ann Evans
  • Are Highways Dangerous? Examine the Design Immunity Defense
    By Rick Deetman
  • Economic and Noneconomic Liability Under Proposition 51: Some Law, Some Mathematics
    By Timothy C. Stutler
  • Judicial Opinion: Perjury in Deomestic Violence — Can the Court Save the Victim?
    By The Honorable George J. Abdallah

Volume 11, 1997-1998

Volume 11, Number 3, Spring/Summer 1998: EMERGING ISSUES

  • Editorial Opinion: The State of the Litigation Section
    By George R. Mallory, Jr.
  • Litigation Alert
    By Russell F. Wolpert
  • Editor’s Foreword: Emerging Issues
    By Russell Leibson
  • The Future of California’s Appellate Process: The 2020 Commission
    By The Honorable William F. Rylaarsdam
  • Engalla v. The Permanente Medical Group: A Benchmark for Much Needed Improvements in ADR
    By David S. Rand
  • Appellate Dispute Resolution: Critics Say Two Thumbs Up But No Appeal at the Box Office
    By The Honorable Charles W. Froehlich, Jr. and The Honorable Howard B. Wiener
  • Use and Admissibility of ‘High Tech’ Evidence
    By Joseph D. Lee and Antony G. Page
  • The Recovery of Attorneys’ Fees in ‘Insurance Coverage’ Declaratory Relief Actions
    By Orlie L. Curtis
  • New Developments in Regulatory Law: The SEC and Trends in Securities Law Enforcement
    By Gerald E. Boltz and Michelle D. Boydston
  • Managed Care Organizations Beware
    By Thomas C. Corless and Kendall Caudry
  • The Smoking Gun
    By Stephen M. Murphy
  • Judicial Opinion: Domestic Violence and Stalking — Challenges to the Court
    By The Honorable Eileen C. Moore

Volume 11, Number 2, Winter 1998: THE BUSINESS OF LAWYERING

  • Editorial Opinion: Are the Rules of Court Uniform Yet?
    By George L. Mallory, Jr.
  • Litigation Alert
  • Editor’s Foreword: The Business of Lawyering
    By Russell Leibson
  • The ‘Billable’ Hour: Battered but not Broken
    By Jesse D. Miller
  • Marketing Techniques: A Contact Sport
    By Barbara Lewis and Dan Otto
  • Enforcing Arbitration of Lawyer-Client Disputes: Some Questions and Even a Few Answers
    By Ellen R. Peck and Jeffrey G. Kichaven
  • Cient Development–Twelve Steps to Getting the Next Case
    By Christopher P. Bisgaard
  • Technology in Small Firm Practice: A Computer Primer
    By A. Peter Rausch, Jr.
  • Hiring Lateral Partners and Associates: Doing It Right
    By Pamela Phillips and Suzanne Mellard
  • The Ins and Outs of  ‘Outsourcing’
    By Robert J. Scott
  • Tracking the Splits: Fault Lines on the George Court
    By Gerald F. Uelmen
  • Judicial Opinion: A Truly Independent Judiciary–Are We Willing to Pay the Price?
    By Honorable William F. McDonald

Volume 11, Number 1, Fall 1997: CYBERLAW

  • Editorial Opinion: The Juxtaposition of Technology and Civility in the Law
    By George L. Mallory, Jr.
  • Litigation Alert
  • Editor’s Foreword: Cyberlaw
    By Russell Leibson
  • The Internet and Evidence: What You Need to Know
    By John J. Steele
  • What the Internet Can Do for You
    By Eugene S. Wilson
  • Electronic Communications and the Law of Privilege
    By Richard E.V. Harris
  • E-Mail and the Attorney-Client Privilege in California
    By Morgan Chu and Perry Goldberg
  • Web Site Operators Beware: Your Internet Business May Land You in Court
    By Carla B. Oakley
  • Interview with a Cyberlord
    By Thomas J. McDermott, Jr.
  • The Subtle Role of Hearsay in Expert Testimony
    By Ken MacVey
  • Elder Abuse: A Will Contest in the Making
    By Franklin J. Brummett
  • Judicial Opinion: Computer Simulations – Be Careful What You Wish For
    By Honorable George P. Schiavelli
  • Editor’s Postscript: Fairness in Arbitration – The Lesson of Engalla v. The Permanente Medical Group, Inc.
    By Russell Leibson

Volume 10, 1996-1997

Volume 10, Number 3, Spring 1997: BEYOND 2000

  • Editorial Opinion: Justice Clinton W. White: Trial Lawyer of the Year
    By Teresa Tan
  • Litigation Alert
  • Editor’s Foreword: Beyond 2000
    By Russell Leibson
  • Litigators Should Nurture Business Courts
    By Robert L. Haig
  • Are There Any Limits to Mandatory Arbitration?
    By David S. Rand
  • Can Local Court Rules Rescue Civility?
    By Andra Barmash Greene and Kyhm Penfil
  • Are the Public Courts Becoming Obsolete?
    By Nicole A. Dillingham
  • Assumption of Risk Rediscovered: The “Defense” of Primary Assumption of Risk
    By The Honorable W.F. Rylaarsdam
  • “Three Strikes”: Three Perspectives
    By Ronald H. Abernethy, David Wellenbrock and The Honorable George J. Abdallah, Jr.
  • Judicial Opinion: Keys to Enhancing the Trial Lawyer’s Image in the Eyes of the Jury
    By The Honorable Jeffrey T. Miller
  • Judicial Opinion: Judicial Case Management – A View from Both Sides of the Bench
    By The Hono
    rable W.F. Rylaarsdam

Volume 10, Number 2, Winter 1997: THE STATE OF THE ART

  • Editorial Opinion
    By Teresa Tan
  • Editor’s Foreword: The State of the Art
    By Russell Leibson
  • A Troubled Profession: Problems and Prescriptions
    By Mark W. Hansen
  • The Shattered Glass Ceiling Leads to the Plexiglass Door
    By Kimberly R. Clement
  • Economics of Litigation Practice from a Corporate Perspective
    By Michael D. Whelan
  • The State of the Profession: Is There a There There?
    By Thomas J. McDermott, Jr.
  • Next Time You Need Help – Call a Tort Reformer
    By Mark C. Mazzarella
  • School for Scoundrels
    By Robert Aitken
  • The American Civil Litigation System: A Global Perspective
    By Cedric C. Chao and Anita Taff-Rice
  • Is Speed An Improvement?
    By Mark A. Neubauer
  • The Tort of Judicial Malpractice: A Modest Proposal for Reform
    By Mark Herrmann
  • The Decline of Litigation: Of Judges and Lawyers
    By Daniel M. Sklar
  • Judicial Opinion: Judicial Case Management – A View from Both Sides of the Bench
    By The Honorable W. F. Rylaaradam

Volume 10, Number 1, Fall 1996: 10th ANNIVERSARY

  • Editorial Opinion: The Journal Turns Ten
    By Teresa Tan
    Ms. Tan looks back at the beginnings of the Litigation Section and the Journal.
  • Litigation Alert
    By Patricia Nicely Kopf
    Ms. Kopf summarizes recent court decisions.
  • Editor’s Foreword: Our Tenth Anniversary Year
    By Russell Leibson
    Mr. Leibson introduces the “Best of” authors and outlines plans for this volume year.
  • Oral Argument in the Supreme Court
    By James J. Brosnahan
    First published in Volume 5, Number 2, Winter 1992.
  • When the Press Calls: A Lawyer’s View
    By Robert L. Shapiro
    First published in Volume 5, Number 1, Fall 1991.
  • Evidentiary Objections As Tools of Persuasion
    By Harold J. McElhinny
    First published in Volume 6, Number 1, Fall 1992.
  • ADR – Its Time … (Check One) ____ Has come ____ Gone ____ Never was and Praise the Lord
    By Robert N. Sayler and Anna P. Engh
    First published in Volume 9, Number 1, Fall 1995.
  • Opening Statements: A Plaintiff Attorney’s Perspective
    By Brian D. Monaghan
    First published in Volume 6, Number 2, Winter 1993.
  • The Defense Opening Statement: Making It Effective by Making It Complete
    By Kevin J. Dunne
    First published in Volume 6, Number 2, Winter 1993.
  • Oral Argument
    By Edward L. Lasher
    First published in Volume 7, Number 2, Winter 1994.
  • Taming the Odds: Increasing the Chances of Getting Relief from the Supreme Court
    By Kent L. Richland
    First published in Volume 5, Number 2, Winter 1992.
  • Judicial Opinion: Cross Examination
    By The Honorable W. F. Rylaaradam
    First published in Volume 8, Number 3, Spring 1995.

Volume 9, 1995-1996

Volume 9, Number 3, Spring/Summer 1996: TACTICS & TORTS

  • Being a Lawyer Isn’t So Bad
    By Kimberly R. Clement
    In her Editorial Opinion, Ms. Clement finds trial lawyering inspiring, noble – and fun.
  • Litigation Alert
    By Patricia Nicely Kopf
    Ms. Kopf summarizes recent court decisions.
  • Class Actions: United We Stand
    By Eugene S. Wilson
    Mr. Wilson provides a touch of class.
  • Court-Ordered Mini-Trial with Advisory Verdict: A Participant’s Perspective
    By Terry Bridges
    Mr. Bridges describes his positive reaction to a multi-party action mini-trial.
  • Negotiating in a Mediation: Think Strategy
    By Peter Robinson
    Mr. Robinson balances competitive and cooperative approaches.
  • The Sins of Others: Civil Liability for Crimes on the Premises
    By Bruce Janger
    Mr. Janger examines the civil defendant’s exposure for the unkindness of strangers.
  • Municipality Claims for Failed Investments: Litigation Scenario
    By W. Reece Bader
    Mr. Bader tracks the evolution of municipal securities litigation.
  • Ax Me No Questions: Cross Examination in the Lizzie Borden Case
    By John D. Hourihan
    Mr. Hourihan praises the tactics of the lead defense counsel.
  • Avoiding Dumb and Dumber: Preparing Witnesses
    By Theresa Zagnoli
    Ms. Zagnoli believes practice makes perfect.
  • The Municipal Court: A Judge Teaches Tactics
    By The Honorable George J. Abdallah, Jr.
    Judge Abdallah provides notes on trial tactics and procedures.
  • Judicial Opinion
    By The Honorable W. F. Rylaarsdam
    Judge Rylaaradam draws a distinction between tactics and unprofessional conduct.
  • Editor’s Postscript
    By Robert Aitken
    Mr. Aitken leaves us in Salome – where she danced.

Volume 9, Number 2, Spring/Summer 1996: CHALLENGE & CHANGE

  • Don’t Vote Against Yourself: Retain the Unified State Bar
    By Kimberly R. Clement
    In her Editorial Opinion, Ms. Clement urges lawyers to support self-government.
  • Litigation Alert
    Litigation Alert summarizes recent court decisions.
  • The Evolving Politics of Jury Trials
    By Weyman I. Lundquist
    Mr. Lundquist traces the history and changing political process of juries.
  • Lessons of the `Trial of the Century’
    By Laurie L. Levenson
    Ms. Levenson tells us what really matters.
  • The Case for Cameras in the Courtroom
    By Kelli L. Sager, Karen N. Frederiksen, and Barbara Wartelle Wall
    Ms. Sager, Ms. Fredericksen and Ms. Wall argue in favor of televised trials.
  • Trial Publicity: Congratulations, You Are Now A Second Class Citizen
    By Jerome Sapiro, Jr.
    Mr. Sapiro predicts the chilling consequences of Rule of Professional Conduct 5-120.
  • Women in the Law: The Morrison and Foerster Experience
    Introduction by Kathleen Fisher
    Ms. Fisher and her colleagues relate their experiences as wome
    n lawyers in a large firm.
  • The Gorilla Adversary
    By Lorna G. Schofield
    Ms. Schofield takes on the challenge of taming an aggressive opponent.
  • Judicial Opinion
    By The Honorable W. F. Rylaaradam
    Judge Rylaaradam stresses the importance of making a record on appeal.
  • Editor’s Postscript
    By Robert Aitken
    Mr. Aitken discusses bad times/good causes – how to find satisfaction as a trial lawyer.

Volume 9, Number 1, Fall 1995: LAW & DISORDER

  • On the Ropes: Women Trial Lawyers Sound the Bell
    By Kimberly R. Clement
    In her Editorial Opinion, Ms. Clement promotes changes in trial practice to balance work and personal life.
  • Litigation Alert
    Litigation Alert headlines recent court decisions.
  • To Abstain from All Offensive Personality’: Uncivil Lawyers
    By Robert S. Gerber
    Mr. Berber reports from the front in the war among lawyers.
  • “Three Strikes”: A Survey of the Early Innings
    By Charles Kelly Kilgore
    Mr. Kilgore describes the whole new ballgame in criminal sentencing.
  • Your First Deposition: Everything You Need to Know
    By Jan C. Gabrielson
    Mr. Gabrielson provides a step-by-step guide.
  • Sanctions Under California Law
    By The Honorable W. F. Rylaaradam
    Judge Rylaaradam explains the new CCP Section 128.7.
  • Union Bank v. Superior Court – California’s Celotex
    By Evelio M. Grillo
    Mr. Grillo stresses the importance of this appellate decision.
  • ADR – Its Time … (Check One) ____ Has come ____ Gone ____ Never was and Praise the Lord
    By Robert N. Sayler and Anna P. Engh
    Mr. Sayler and Ms. Engh urge lawyers to check into ADR.
  • “His Honor”: A Short Story
    By Lawrence J. Fox
    Mr. Fox is the author of the first work of fiction published in California Litigation.
  • Judicial Opinion
    By The Honorable Arthur Gilbert
    Judge Gilbert offers a wry look at the terror of the harmless error.
  • Editor’s Postscript
    By Robert Aitken
    Mr. Aitken discusses juries in a time of trials and troubles.

Volume 8 , 1994-1995

Volume 8, Number 3, Spring 1995: TESTIMONY

  • Editorial Opinion
    By Mark W. Hansen
    Mr. Hansen questions legal reform.
  • Non-Scientific Expert Testimony: Who Is Watching the Gate in California?
    By Rodney L. Eshelman and G. David Godwin
    Messrs. Eshelman and Godwin compare admissibility of expert testimony in Federal and California courts.
  • Direct Doesn’t Mean Dull: The Philadelphia Story, Part One
    By Lawrence J. Fox
    Mr. Fox enlivens the art of direct examination.
  • The Strike Zone, the Trial Judge and Other Moving Targets: The Philadelphia Story, Part Two
    By William T. Hangley
    Mr. Hangley finds the trial judge’s strike zone.
  • Witness Testimony: How to Protect Lawyer-Client and Work Product Privilege
    By Matthew P. Guasco
    Mr. Guasco adopts a methodical approach.
  • “You’re Fired”: Cross-Examination of a Wrongful Termination Plaintiff
    By James A. Goodman and Robert A. Dye
    Messrs. Goodman and Dye overcome the affinity of the jury for the plaintiff.
  • Reconstructing an Accident: Expert Testimony Building Blocks
    By Garrison Kost and James B. Clapp
    Messrs. Kost and Clapp discuss the issues and principles involved in accident reconstruction.
  • Sexual Harassment: Cross-Examining the Claimant
    By Velma K. Lim and Orlie L. Curtis
    Ms. Lim and Mr. Curtis explain the burdens of proof.
  • Judicial Opinion
    By The Honorable W. F. Rylaarsdam
    Judge Rylaarsdam promotes efficiency in cross-examination.
  • Editor’s Postscript
    By Robert Aitken
    Mr. Aitken extols the cross-examination of Laura Manion in “Anatomy of a Murder”

 Volume 8, Number 2, Winter 1995: MILLENIUM

  • Editorial Opinion
    By Mark W. Hansen
    Mr. Hansen laments the decline of lawyers’ professional conduct.
  • Litigation Alert
    Litigation Alert spotlights new developments.
  • The Future of California Courts: Justice in the Balance 2020
    By Richard Chernick
    Mr. Chernick describes the work of a Commission considering future planning.
  • Unifying California Trial Courts: The Connecticut Connection
    By The Honorable William F. McDonald
    Judge McDonald proposes fine tuning the California court structure.
  • A “Bus” Ticket to the High-Tech Courtroom: Text, Lies and Videotapes
    By Thomas J. McDermott, Jr.
    Mr. McDermott guides us along the information highway.
  • The Right to Privacy and the New Technology
    By Jeffrey W. Loebl
    Mr. Loebl identifies the dangers of disclosure in the use of the new technology.
  • Technology Is a Tool, Not a Case Strategy in the Courtroom
    By Michael E. Cobo
    Mr. Cobo emphasizes substance over style.
  • Reassessing the Choice of Forum in California: Is the Grass Really Greener…?
    By Robert S. Gerber, Carrie Battilega and Vincent J. Axelson
    Messrs. Gerber and Axelson and Ms. Battilega chart changes affecting your decision to file in state or federal court.
  • Judicial Opinion
    By The Honorable W. F. Rylaarsdam
    Judge Rylaarsdam cautions us concerning the new technology.
  • Editor’s Postscript
    By Robert Aitken
    Mr. Aitken points out the potential effect on trial lawyers of “The Common Sense Legal Reforms Act.”

Volume 8, Number 1, Fall 1994: CLIENTS

  • Editorial Opinion
    By Mark W. Hansen
    Mr. Hansen advocates the “click beetle” approach to law.
  • Litigation Alert
    Litigation Alert highlights new developments.
  • Keeping Your Clients Satisfied: Winning Is Not Enough
    By Thomas C. Corless
    Mr. Corless offers suggestions for building winning relationships.
  • Leading the Way Through Discovery: Don’t Answer That!
    By Sean M. Burke
    Mr. Burke provides advice on easing clients’ fears.
  • Talking to Your Client: A Psychological Perspective
    By Jane Rubin
    Ms. Rubin points out the importance of dealing with the psychological dynamics of the client’s personality.
  • The Lawyer As Client
    By Bob Wallach
    Mr. Wallach relates his version of two trials as client and client/lawyer when indicted in the Wedtech scandal.
  • Outside Counsel: An Inside Perspective
    By Kenneth R. Jensen and Timothy L. Roberts
    Messrs. Jensen and Roberts emphasize the need for inside/outside counsel communication.
  • Controlling the Cost of Litigation: Avoid and Minimize
    By Roderick M. Thompson and Andrew J. Dhuey
    Messrs. Thompson and Dhuey explore techniques of avoiding litigation and containing costs.
  • Developing a Client Base: Surviving in the ’90s
    By Angela M. Bradstreet
    Ms. Bradstreet lists marketing tips and stresses the importance of rainmaking.
  • Guest Columnist
    By Thomas J. McDermott, Jr.
    Mr. McDermott cautions his colleagues to duck the bricks.
  • Editor’s Postscript
    By Robert Aitken
    Mr. Aitken comes to the defense of his beleaguered brethren.

Volume 7, 1993-1994

Volume 7, Number 3, Fall Spring 1994: ADR

  • Editorial Opinion
    By Thomas J. McDermott, Jr.
    Mr. McDermott challenges trial lawyers to take charge of their future.
  • Litigation Alert
    Litigation Alert highlights new developments.
  • The Demise of the Civil Jury Trial
    By Robert Aitken
    Mr. Aitken bemoans the decline and fall of the civil jury trial system.
  • Mediation — A Lawyer’s Perspective
    By Shaun K. Boss
    Mr. Boss provides a lawyer’s perspective on the mediation process.
  • Getting the Most from Mediation
    By John B. Bates, Jr.
    Mr. Bates offers a mediator’s perspective on effective mediation practice.
  • Compelling Arbitration: A Matter of Judgment
    By Christine A. Page
    Ms. Page analyzes the factors that must be addressed in deciding whether to compel arbitration.
  • Discovery in Arbitration: A Return to Reason
    By Ross Hart
    Mr. Hart explores discovery rights in arbitration.
  • Arbitration Preparation and Effective Arbitration Advocacy
    By Peter Brown Dolan and Michael L. Wolfram
    Messrs. Dolan and Wolfram offer suggestions for effective arbitration preparation and advocacy.
  • Punitive Damages in Arbitration
    By Paul Dubow
    Mr. Dubow describes circumstances in which punitive damages may be awarded in arbitration.
  • ADR and the Federal District Court: The ADR Multi-Option Pilot Program in the Northern District of California.
    By Stephanie E. Smith
    Ms. Smith examines the ADR pilot program in the Northern District of California which can serve as a model of other courts.
  • Judicial Opinion
    By the Honorable W. F. Rylaarsdam
    Judge Rylaarsdam encourages time-honored informal settlement discussions between counsel.

Volume 7, Number 2, Winter 1994: APPEALS

  • Editorial Opinion
    By Thomas J. McDermott, Jr.
    Mr. McDermott analyzes the challenges for lawyers in conveying information to jurors in this multi-media age.
  • Litigation Alert
    Litigation Alert highlights new developments.
  • Amicus Curiae and Briefing Limitations
    By Ephraim Margolin
    Mr. Margolin thoughtfully addresses briefing limitations and the use of amicus curiae briefs.
  • Supreme Court Review: Improving Your Chances for Success
    By Ellis J. Horvitz and David M. Axelrad
    Messrs. Horvitz and Axelrad offer suggestions for increasing the changes of a successful petition for review to the California Supreme Court.
  • Oral Argument
    By Edward L. Lascher
    In a timeless article written before his death, Mr. Lascher shares his thoughts concerning effective oral advocacy.
  • So Your Brilliant Summary Judgment Motion Was Denied: Should You Take a Writ?
    By Robert Sullwold
    Mr. Sullwold analyzes the use of writ petitions to attack a trial court’s ruling on a summary judgment motion.
  • Effective Brief Writing: A Court of Appeal Staff Attorney’s Perspective
    By Franz E. Miller
    Mr. Miller offers helpful hints for effective brief writing.
  • Demystifying Appellate Review Standards
    By Gerald Z. Marer
    Mr. Marer examines the various standards of appellate review.
  • Standards of Review on Appeal from Post-Trial Motions: Deference Given Where Deference Due
    By Dennis A. Fischer and Allen S. Yockelson
    Messrs. Fischer and Yockelson describe applicable standards of review on appeal from orders on post-trial motions.
  • Timeline and Deadlines for Civil Appeals in California
    By Suzanne E. Graber
    Ms. Graber offers a helpful outline of various critical dates in the California Courts of Appeal and Supreme Court.
  • Judicial Opinion
    By the Honorable William Cahill
    Judge Cahill analyzes recent developments in summary judgment practice.

Volume 7, Number 1, Fall 1993: LAWYERS!

  • Editorial Opinion
    By Thomas J. McDermott, Jr.
    Mr. McDermott predicts significant changes in the way cases are tried.
  • Litigation Alert
    Litigation Alert highlights new developments.
  • Making Yourself a Target: The Ethics of Lawyer Marketing
    By Gerald F. Uelmen
    Prof. Uelmen describes the pitfalls involved in advertising and offers words of advice.
  • Professionalism — One Year later
    By Brian C. Walsh
    Mr. Walsh describes the impact of a Code of Professionalism in Santa Clara County one year after its implementation.
  • Judicial Perspective on Sanctions in State Court
    By Hon. Robert H. O’Brien
    Judge O’Brien provides a judge’s perspective on sanctions, advocating a cost-redistribution approach.
  • Rule 11 Is Dead — Long Live Rule 11
    By Mark Herrmann
    Mr. Herrmann discusses proposed amendments to Rule 11.
  • Selected Issues in Legal Malpractice
    By Ronald E. Mallen
    Mr. Mallen describes recent developments in malpractice litigation.
  • Improving the Public Image of Lawyers: Is It a Fantasy?
    By Bill Whelan
    Mr. Whelan analyzes the public perception of lawyers and wonders if it can be changed.
  • Practical Difficulties in Attempting to Disqualify Opposing Counsel: Is It Worth the Risk?
    By Norman J. Scott
    Mr. Scott discusses the current state of the law governing motions to disqualify.
  • So Why the Lawyer Jokes? Lawyers as Witnesses on Their Own Behalf
    By John Sheller
    Mr. Sheller describes difficulties in representing lawyers as defendants.
  • 45 Hearsay Exceptions
    By Robert Aitken
    Mr. Aitken supplements his previous article on the hearsay rule (Vol. 6, No. 1, Fall ’92) by offering a handy list of the exceptions to the hearsay rule.

Volume 6, 1992-1993

Volume 6, Number 3, Spring 1993: THE CIVIL/CRIMINAL INDEX

  • Editorial Opinion
    By Mark Mazzarella
    Extols the virtues of Alternative Dispute Resolution.
  • Litigation Alert
    Litigation Alert highlights new developments.
  • Effective Use of the Fifth Amendment in Civil Proceedings: Choosing the Best Path at the Fork in the Road
    By Page Swan and Frank Kros
    Messrs. Swan and Kros examine the options available in exercising Fifth Amendment protection in civil proceedings.
  • The Crime-Fraud Exception to the Attorney-Client Privilege and Work Product Doctrine
    By Daven Lowhurst and James Kramer
    Messrs. Lowhurst
    and Kramer describe this troubling and difficult exception.
  • Multiple Representation in Corporate Criminal Cases
    By Samuel R. Miller and Rodolfo Ruiz
    Messrs. Miller and Ruiz examine this increasingly prevalent dilemma for corporate counsel.
  • Compliance Programs and Corporate Sentencing Guidelines: The Incentive for Self-Policing
    By Jeffrey M. Kaplan and Linda S. Dakin
    Mr. Kaplan and Ms. Dakin explain creative uses of corporate sentencing guidelines and related programs.
  • Building a Shield in the Post-Kaye, Scholer Era
    By Carol S. Langford and Mark S. Coon
    Ms. Langford and Mr. Coon explore the lawyer’s ethical dilemma in light of the Kay, Scholer Case.
  • Federal and State Forfeiture Statutes: The Prosecutors’ New Darling
    By Brian A. Sun and Gordon A. Greenberg
    Messrs. Sun and Greenberg discuss federal and state forfeiture statutes.
  • Victim’s Rights
    By Lisa Herrick
    Ms. Herrick describes the range of remedies available for victims of crimes.
  • The CEO Takes the Stand
    By Noel C. Nelson, Ph.D.
    Dr. Nelson offers tips for preparing corporate executives to testify.
  • Persuasive Writing
    By Daniel A. Sklar
    Mr. Sklar advocates the use of the “question presented” techniques in legal brief writing.

Volume 6, Number 2, Winter 1993: TRIAL

  • Editorial Opinion
    By Mark C. Mazzarella
    Mr. Mazzarella describes the activities of the Litigation Section.
  • Trying Cases Economically
    By Kirk G. Forrest
    Mr. Forrest explores means to reduce litigation costs.
  • One Hundred Days to Trial: Inside Tips from the Pros
    By Patricia Nicely Kopf
    Ms. Kopf gleans useful preparation tips from experienced trial lawyers.
  • The Timing of peremptory Challenges in Consolidated for Coordinated Actions
    By Joseph P. Mascovich
    Mr. Mascovich examines the timing of section 170.6 challenges in complex litigation.
  • Educating Your Jury: The Key to Success
    By Dr. Ellen L. Leggett
    Dr. Leggett, a psychologist, offers tips on properly educating a jury.
  • The Do’s and Don’ts of Trial By Jury: Habits and Techniques to Use and Avoid
    By Elizabeth Humphreys and Jason G. Weiss
    Ms. Humphreys and Mr. Weiss offer observations of effective trial conduct.
  • Opening Statements: A Plaintiff Attorney’s Perspective
    By Brian D. Monaghan
    Mr. Monaghan discusses the goals of a plaintiff’s opening statement.
  • The Defense Opening Statement: Making It Effective by Making It Complete
    By Kevin J. Dunne
    Mr. Dunne describes the purpose of a defendant’s opening statement.
  • The Persuasive Power of Final Arguments — The Views of Joseph A. Ball
    By Robert Aitken
    Mr. Aitken conducts a lively and informative interview with Joe Ball.
  • Persuasive Writing
    By Daniel A. Sklar
    Mr. Sklar continues this writing column by answering questions from practitioners.

Volume 6, Number 1, Fall 1992: EVIDENCE

  • Editorial Opinion
    By Mark C. Mazzarella
    Mr. Mazzarella calls for a commitment to civility and professionalism.
  • Litigation Alert
    Litigation Alert highlights new developments.
  • Hearsay — May You Say What You Hear?
    By Robert Aitken
    Mr. Aitken analyzes the hearsay rule and various exceptions.
  • Evidentiary Objections as Tools of Persuasion
    By Harold J. McElhinny
    Mr. McElhinny recommends developing a strategy for making objections.
  • A Time for Professionalism: The Santa Clara Solution
    By Brian C. Walsh
    Mr. Walsh describes efforts in Santa Clara County to maintain traditional professional values.
  • Turning Your Clients’ Position Into the Judge’s First Impression
    By Hon. William A. Masterson and Lawrence D. Jackson
    Judge Masterson and Mr. Jackson explore the effective use of motions in limine.
  • Ex Parte Interviews with Present and Former Employees of a Corporate Adversary: The Ethical Parameters
    By Dana Sabraw
    Mr. Sabraw analyzes a common dilemma in actions involving corporations.
  • Using Spoliation of Evidence in Products Liability Cases
    By Rodney Eshelman and John Kavanaugh
    Messrs. Eshelman and Kavanaugh examine available remedies in spoliation cases.
  • The Evidence Code and the Federal Rules of Evidence: Their Differences May Catch You Unaware
    By John Steele
    Mr. Steele explores some critical differences between California and federal evidence rules.
  • Judicial Opinion
    By W.F. Rylaarsdam
    Judge Rylaarsdam offers suggestions for preparing exhibits for trial.

Volume 5 , 1991-1992

Volume 5, Number 3, Spring 1992: STARTING A CASE

  • Editorial Opinion
    By Michael D. Whelan
    Mr. Whelan describes the state of the Litigation Section.
  • Litigation Alert
    Litigation Alert highlights new developments.
  • A Liturgy for Litigators
    By Nancy Sher Cohen and Jeffrey A. Richmond
    Mr. Cohen and Mr. Richmond remind litigators of fundamental pre-litigation principles.
  • Duty of Zealous Advocacy v. Duty to the Judicial System: A Lawyer’s Pre-filing Dilemma
    By Eugene W. Bell
    Mr. Bell examines the conflict between a lawyer’s duties to his client and to the judicial system.
  • In Your Client’s Best Interest: Starting with an Alternative
    By the Honorable John K. Trotter, Ret.
    Justice Trotter describes alternatives to litigation.
  • Making Sense of Pre-judgment Attachment
    By Jeffrey R. Kirk
    Mr. Kirk reviews the benefits and risks of pre-judgment attachment.
  • Where to File: Recent Developments in California Jursidiction and Venue
    By Antonio Cortes
    Mr. Cortes examines basic jurisdictional principles and recent decisions affecting those principles.
  • Seizing Control: The Best Defense Is a Good Plan
    By R. William Bowen
    Mr. Bowen encourages defense lawyers to develop plans and strategies early.
  • When Form Becomes Substance: Federal Removal Jurisdiction
    By Charles A. Danahar
    Mr. Danahar analyzes removal strategy and benefits.
  • “I may not be much of a lawyer but…”: The Defensive Rule 11 Footnote
    By Mark Herrmann
    Mr. Herrmann explains frequently overlooked responses to Rule 11 motions.
  • Planning for Discovery
    By Andre V. Tolpegin
    Mr. Tolpegin discusses the development of a discovery plan.
  • Quayle’s Call: An Overview of the Agenda for Civil Justice Reform
    By Professor Margaret M. Russell
    Professor Russell analyzes the “Agenda for Civil Justice Reform in America.”
  • Two Brief Encounters: Basics of Appellate Brief Writing
    By Peter H. F. Graber
    Mr. Graber explores basic principles of appellate brief writing, utilizing two hypotheticals.
  • The Art of Persuasive Writing
    By Daniel M. Sklar
    Mr. Sklar returns with his Ten Commandments for Legal Write

Volume 5, Number 2, Winter 1992: THE SUPREME COURT OF CALIFORNIA

  • Editorial Opinion
    By Michael D. Whelan
    Mr. Whelan calls on the legal profession to address the Supreme Court’s caseload.
  • Litigation Alert
    Litigation Alert highlights new developments.
  • Taming the Odds: Increasing the Chances of Getting Relief from the Supreme Court
    By Ken L. Richland
    Mr. Richland offers suggestions for gaining the attention of the Supreme Court.
  • Oral Argument in the Supreme Court
    By James J. Brosnahan
    Mr. Brosnahan describes principles of effective oral advocacy before the Supreme Court.
  • My First Trip to the Supreme Court
    By Joseph H. Fagundes
    Mr. Fagundes describes the humbling experience of a lawyer’s firs argument in the Supreme Court.
  • The Changing Supreme Court: Welcome to the Era of Judicial Limits
    By Robert Egelko
    Mr. Egelko offers observations on the trends of the Lucas court.
  • The Impact of the Lucas Court on Tort Law
    By Joseph P. Masovich
    Mr. Masovich analyzes important cases decided by the Lucas court in the area of tort law.
  • Foley to Rojo: The Supreme Court on Wrongful Termination
    By Richard E. Levine
    Mr. Levine discusses recent decisions of the Supreme Court in the area of employment law.
  • The Politicization of the Courts: The Crocodile in Our Bathtub
    By Gerald F. Uelmen
    Mr. Uelmen criticizes the national trend toward increasingly political state supreme court elections.
  • Summary Disposition: An Alternative to Supreme Court Depublication of Court of Appeals Opinions
    By Jerome B. Falk, Jr.
    Mr. Falk criticizes the Supreme Court’s practice of decertifying opinions and offers an alternative.
  • Reducing the Caseload of the Supreme Court: A Debate
    Excerpts from a debate between former California Supreme Court Justice Otto Kaus and California Appellate Justice Fred Woods on certain proposals designed to decrease the Court’s caseload.
  • Judicial Opinion
    By Robert M. Mallano
    Judge Mallano defends fast track legislation.
  • Jury Trial Tips
    By Joseph W. Cotchett and Frank M. Pitre
    Messrs. Cotchett and Pitre discuss evidentiary concerns about “high tech” evidence and exhibits.

Volume 5, Number 1, Fall 1991: MEET THE PRESS

  • Editorial Opinion
    By Michael D. Whelan
    Mr. Whelan advocates preparation in dealing with the media.
  • Litigation Alert
    Litigation Alert highlights new developments.
  • When the Press Calls: A Lawyer’s View
    By Robert A. Shapiro
    Mr. Shapiro offers insights and suggestions on dealing with the media in high-profile cases.
  • When the Press Calls: A Reporter’s View
    By Claire Cooper
    Ms. Cooper shares war stores about the way lawyers interact with reporters and discusses lessons to be learned.
  • What Remains of Freedom of Speech for Lawyers After Gentile?
    By Lawrence B. Solum
    Mr. Solum criticizes the U.S. Supreme Court’s Gentile decision and extols the wisdom of California’s non-regulation of lawyers’ speech.
  • A Primer on Privacy Torts
    By Kelli L. Sager
    Ms. Sager explains the four “privacy” torts recognized under California Law.
  • Confidentiality Agreements and the First Amendment: The Right to Say Nothing
    By Robert Aitken and Michael Overly
    Messrs. Aitken and Overly discuss the eroding right to confidentiality in discovery and settlements.
  • How to Deal with the Legal Press
    By Martin Kruming
    Mr. Kruming discusses the mutual benefit of dealing effectively with the legal press.
  • Statements to the Press: Does the Absolute Privilege Absolutely Not Apply?
    By Brian A. Barnhorst
    Mr. Barnhorst discusses the Civil Code Section 47(b) privilege and whether it applies to statements to the press.
  • Jury Trial Tips
    By Joseph W. Cotchett and Frank M. Pitre
    Messrs. Cotchett and Pitre offer practice tips on direct examination of witnesses.

Volume 4, 1990-1991

Volume 4, Number 3, Spring/Summer 1991: WITNESSES

  • Editorial Opinion
    By Cedric C. Chao
    Mr. Chao looks for a silver lining in the recession.
  • Litigation Alert
    Litigation Alert highlights new developments.
  • Making Music with Direct Examination
    By David E. Monahan
    Mr. Monahan explains the art of orchestrating successful direct examination.
  • Attacking and Supporting Witness Credibility
    By John Markham
    Mr. Markham examines the various facets of witness credibility.
  • Ethics in the Horseshed: Guidelines for Interviewing and Preparing Witnesses
    By Gerald F. Uelmen
    Mr. Uelmen gives a primer on ethical issues surrounding the witness interview.
  • Cross-Examination: Seven Steps to Success
    By Allan Steyer
    Mr. Steyer examines the components of witness cross-examination.
  • Ten Steps to Selecting Your Expert Witness
    By Cynthia C. Cannady
    Ms. Cannady explains how to select the right expert witness for your case.
  • Using Experts Effectively
    By Tower C. Snor, Jr., Catherine K. O’Connell and Jonathan P. Marvin
    Attorneys Snow, O’Connell and Marvin discuss how to use your expert effectively.
  • Practice, Malpractice and Expert Witnesses: Mal(practice) Makes Im(perfect)
    By Jay W. Friedman, D.D.S.
    Dr. Friedman discusses expert testimony from the witness’ perspective.
  • Judicial Opinion
    By Robert H. O’Brien
    Judge O’Brien explains the benefits of nurturing your witnesses.
  • Jury Trial Tips
    By Joseph W. Cotchett and Frank M. Pitre
    Messrs. Cotchett and Pitre offer practice tips for examining witnesses in jury trials.

Volume 4, Number 2, Winter 1991: JUDGES

  • Editorial Opinion
    By Cedric C. Chao
    Mr. Chao extols the benefits of judicial evaluation surveys.
  • Litigation Alert
    Litigation Alert highlights new developments.
  • Difficult Judges: How to Survive Them
    By Arthur Gilbert
    Justice Gilbert explains how to deal with a difficult judge.
  • Thirteen Deadly Sins: How Lawyers Irritate Judges
    By Melinda Rose Smolin
    Ms. Smolin describes things lawyers do that judges dislike.
  • Gender Bias in the Courts
    By David M. Rothman and Bobbie L. Welling
    Judge Rothman and Ms. Welling discuss this sensitive topic and what’s being done about it.
  • Getting to Know Your Out-of-Control Judge
    By James E. Towery
    Mr. Towery explains how to learn about judges away from your home turf.
  • Waiving Jury for a Corporate Defendant: Not So Fast
    By Robert T. Sullwood
    Mr. Sullwood attacks the “conventional wisdom” about waiving jury on behalf of a corporate defendant.
  • Approaching the Bench: The Relationship Between Advocacy and Judicial Decisions
    By Dirk T. Metzger

    Mr. Metzger analyzes how to maximize the effectiveness of one’s argument to the court.

  • The Private Judging Alternative
    By Daniel H. Weinstein
    Judge Weinstein defends the growing rent-a-judge practice.
  • Judicial Opinion
    By William F. Rylaarsdam
    Judge Rylaarsdam comments on common mistakes in jury trials.
  • Jury Trial Tips
    By Joseph W. Cotchett and Frank M. Pitre
    Messrs. Cotchett and Pitre offer practice tips on effective opening statements.

Volume 4, Number 1, Fall 1990: SETTLEMENTS

  • Editorial Opinion
    By Cedric C. Chao
    Mr. Chao emphasizes the need for trial advocacy skills.
  • Litigation Alert
    Litigation Alert highlights new developments.
  • Playing “Godfather” in Settlement Negotiations: The Ethics of Using Threats
    By Gerald F. Uelmen
    Mr. Uelmen explains ethical constraints against the use of threats.
  • The Ballpark that Tech-Bilt: A Trial Judge’s View of Good Faith Settlements from Behind Home Plate
    By John A. Flaherty
    Judge Flaherty offers practice tips regarding “good faith” motions.
  • Tax Considerations in Settlement Negotiations
    By Phillip Jelsma
    Mr. Jelsma explains tax strategies in settlement agreements.
  • Enforcing Settlement Agreements
    By William B. Boone and Daniel H. Weinstein
    Judges Boone and Weinstein discuss enforcing a settlement when one side attempts to back out.
  • Section 998 Offers to Compromise: Practice Hints and Strategies
    By Don Ernst
    Mr. Ernst explores the tactics of 998 offers.
  • The Effect of Partial Settlements on Trial
    By Richard J. Heafy and J. Neil Gieleghem
    Messrs. Heafy and Gieleghem discuss trial strategies in cases of partial settlements.
  • Prior Inconsistent Settlement Statements: Should They Be Admissible?
    By Elizabeth Humphries and Pamela Helen Burgess
    Ms. Humphries and Ms. Burgess propose a new standard for admissibility of prior inconsistent settlement statements.
  • Judicial Opinion
    By Leon Savitch
    Judge Savitch defends mandatory settlement conferences and offers practice tips.
  • The Art of Persuasive Writing
    By Daniel M. Sklar
    Mr. Sklar discusses the meaning of words.
  • Letters to the Editor
    Readers respond to Mark Neubauer’s editorial opinion, “Local Rule Mania”

Volume 3 , 1989-1990

Volume 3, Number 3, Spring 1990: JURIES

  • Editorial Opinion
    By Mark A. Neubauer
    Mr. Neubauer calls for uniformity in court rules.
  • Litigation Alert
    Litigation Alert highlights new developments in the law.
  • The Simple Art of Advocacy
    By Mark C. Mazzarella
    Mr. Mazzarella explains the need to simplify today’s complex cases.
  • Voir Dire: An Overview
    By Thomas J. McDermott, Jr.
    Mr. McDermott discusses the purposes of voir dire.
  • Anecdotal Evidence (of Sorts)
    By Rodney Jones and Gerald F. Uelmen
    Mssrs. Jones and Uelmen look at the lighter side of jury trials.
  • Lawyer in the Jury Box: Inside the Deliberation Room
    By J. C. Weydert
    Mr. Weydert describes his first-hand experience as a juror.
  • Jury Selection
    By Allan Browne
    Mr. Browne offers practice tips on the art of voir dire.
  • Seven Steps to Successful Jury Instructions
    By Bruce G. Merritt
    Mr. Merritt provides practical advice on jury instructions.
  • Judicial Opinion
    By William A. Masterson
    Judge Masterson believes judges “should do the bulk of voir dire.”
  • The Art of Persuasive Writing
    By Daniel M. Sklar
    Mr. Sklar argues that a lawyer’s tools are his words.
  • Letters to the Editor
    Judge W. F. Rylaarsdam responds to a recent editorial.

Volume 3, Number 2, Winter 1990: DAMAGES

  • Editorial Opinion
    By Mark A. Neubauer
    Mr. Neubauer questions the growing phenomenon of “rent-a-judges.”
  • Litigation Alert
    Litigation Alert highlights new developments in the law.
  • Remittiur: The Cost-Effective Alternative to a New Trial
    By Leonard Goldstein
    Judge Goldstein explains remittiurs and offers practice tips.
  • Whistleblowing Cases: Long, Expensive Litigation with Uncle Sam as a Sometimes Unwilling Law Partners
    By Herbert Hafif and Phillip E. Benson
    Mr. Hafif and Mr. Benson discuss practice under the False Claims Act.
  • Nipping “Punies” in the Bud: Summary Disposition Based on a “Clear and Convincing” Standard
    By Jeffrey B. Norris and Arnold P. Peter
    Mr. Norris and Mr. Peter advocate a heightened standard on summary disposition motions concerning punitive damages claims.
  • Providing Damages for Severely Injured Clients
    By Richard Watters
    Mr. Watters offers suggestions for maximizing damages for personal injury claimants.
  • Arguing Damages Persuasively for the Defense
    By Kevin J. Dunne
    Mr. Dunne advises defense lawyers how to argue damages effectively.
  • Judicial Opinion
    By William A. Yale
    Judge Yale urges litigators to unclog the judicial system of cases best suited for alternative resolution methods.
  • Letters
    Readers express their views.
  • The Art of Persuasive Writing
    By Daniel M. Sklar
    Mr. Sklar extols the beauty of short sentences.

Volume 3, Number 1, Fall 1989: DISCOVERY

  • Editorial Opinion
    By Mark A. Neubauer
    In his Editorial Opinion, Mr. Neubauer criticizes the L.A. County Bar Association “Litigation Guidelines.”
  • Litigation Alert
    Litigation Alert highlights new developments in the law.
  • Dodging Bullets: How to Avoid Discovery Sanctions in Federal Court
    By Claudia Wilken
    Magistrate Wilken discusses sanctions in federal court — how to avoid them and how to get them.
  • A Rose by Any Other Name: Appellate Settlement Conferences
    By Sheila Prell Sonenshine
    Justice Sonenshine explains the successful settlement program initiated by Division 3 of the Fourth Appellate District.
  • California’s Right to Privacy: Six Discovery Objections
    By Robert Aitken
    Mr. Aitken describes six applications of California’s constitutional right to privacy.
  • Aerojet-General v. Superior Court: The Future of Coverage for Cleanup Costs
    By Richard L. Antognini
    Mr. Antognini explains the background of insurance coverage for toxic waste cleanup costs and the Aerojet-General decision.
  • Parol on Parole: A Plea to Tighten the Reins
    By Edward G. Burg
    Mr. Burg argues that California’s liberal parol evidence rule should be redefined.
  • All in the Family: Specialized Rules for Family Law Cases
    By Christopher M. Moore and A. Bailey Nager
    Mr. Moore and Mr. Nager discuss some discovery rules unique to family law cases.
  • Ju
    dicial Opinion
    By James A. Malkus
    Judge Malkus analyzes several recent Supreme Court decisions and a common thread running through them.
  • The Art of Persuasive Writing
    By Daniel M. Sklar
    Mr. Sklar urges litigators to take the dullness out of their briefs by writing with style.

Volume 2, 1988-1989

Volume 2, Number 3, Spring 1989: INSURANCE

  • Editorial Opinion
    By Richard P. Towne
    In his Editorial Opinion, Mr. Towne proposes how to teach trial skills to new business lawyers.
  • Litigation Alert
    Litigation Alert highlights new developments in the law.
  • Claims Made and Reported Liability Policies Under Attack
    By William F. Campbell
    Mr. Campbell explains how to protect an insured under a “claims made and reported” liability policy.
  • And Now for Something Completely Different
    By Gary Sowards
    Mr. Sowards examines the crisis in handling death penalty appeals in California.
  • Fast Track: Living Through the “Experiment”
    By James King
    Mr. King gives an interim review of the “fast track” rules.
  • The Practical Ramification of Moradi-Shalal
    By Lawrence R. Booth
    Mr. Booth deplores the damage done to consumers by the Moradi-Shalal decision.
  • The Limits of Independence: Ethical Considerations for Cumis Counsel
    By George M. Wallace and Michael A. Di Lando
    Mr. Wallace and Mr. Di Lando analyze the ethical obligations of Cumis counsel.
  • Damages and Settlements: What’s Taxable and What’s Not
    By Sandy Kasten and Brad Seligman
    Mr. Kasten and Mr. Seligman explain how to structure settlements to minimize tax liability.
  • Judicial Opinion
    By Jeffrey T. Miller
    Judge Miller gives practical guidance on conducting voir dire.
  • The Art of Persuasive Writing
    By Daniel M. Sklar
    Mr. Sklar shows how usage can elevate ordinary prose to an art form.

Volume 2, Number 2, Winter 1989: APPEALS

  • Editorial Opinion
    by Robert Aitken
    In his Editorial Opinion, Mr. Aitken eulogizes Edward Bennett Williams.
  • Litigation Alert
    Litigation Alert highlights new developments in case law.
  • Telephone Appearances: No Longer “If You Please”
    By Stuart Pollak
    Judge Pollak argues that telephone appearances should be the norm for routine motions.
  • Appellate Misguidelines
    By Edward L. Lascher
    Mr. Lascher argues that hastening the appellate process may sacrifice just results.
  • Records Are Made to Be Exploited
    By Richard Amerian
    Mr. Amerian explains the subtleties of protecting the record for appeal.
  • Appellate Advocacy: Beware of Black-Letter Rules
    By Alan Martin
    Mr. Martin explains the exceptions that prove the rules of appellate advocacy.
  • When Words Are Not Enough
    By Noelle C. Nelson
    Dr. Nelson examines the art of non-verbal communication with a jury.
  • Royal Globe Revisited and Reversed
    By William B. Boone
    Mr. Boone explains the ramification of the recent Moradi-Shalal decision.
  • Successor Corporation Liability in Products Cases
    By Anita Sololsky
    Ms. Sololsky analyzes liability of successor corporations in products liability cases.
  • The Art of Persuasive Writing
    By Daniel M. Sklar
    Mr. Sklar deplores the decline of civility in legal briefs and argument.

Volume 2, Number 1, Fall 1988: EVOLUTION

This issue of California Litigationis dedicated to the memory of Robert E. Cartwright, July 9, 1895 – June 30, 1988

  • Editorial Opinion
    By Robert Aitken
    In his Editorial opinion, Mr. Aitken urges California lawyers to resist the temptation to reduce the size of juries.
  • Litigation Alert
    Litigation Alert highlights new developments in case law.
  • Summary Judgement’s Abused Step-Child — Motions for Summary Adjudication of Issues
    By Kurt J. Lewin and Miriam A. Vogel
    Judge Lewin and Judge Vogel argue that many trial lawyers improperly use motions for summary adjudication of issues as an expensive alternative to proper discovery.
  • Litigation in China — A New Day
    By Joseph W. Cotchett
    Mr. Cotchett explains recent changes in Chinese litigation that may permit American lawyers to operate more effectively in trans-Pacific disputes.
  • “Good Faith” Settlements in Federal Court
    By Mark W. Hansen
    Mr. Hansen explains the difficulties caused by the absence of a federal counterpart to California Code of Civil Procedure Section 877.6.
  • The Rebirth of “Takings”
    By Charles E. Greenberg
    Mr. Greenberg explains the benefits of the Nollan and First Lutheran cases to landowners.
  • The Fatal Kiss of Mary Carter
    By Michael J. McHale
    Mr. McHale argues for the repeal of California Code of Civil Procedure Section 877.5.

Volume 1, 1987-1988

Volume 1, Number 3, Spring 1988: NEW DIRECTIONS

  • Editorial Opinion
    By Mark Herrmann
    In his Editorial Opinion, Mr. Herrmann argues that honest litigants should not be penalized by rules created to control the unscrupulous.
  • Litigation Alert
    Litigation Alert highlights new developments in case law.
  • Recent Developments in Bank Liability Cases
    By William A. Masterson and Madison Spach
    Judge Masterson and Mr. Spach argue that the battleground in lender liability cases has shifted from the appellate to the trial courts.
  • The Punitive Remedy: Statutory and Judicial Reforms
    by Guy O. Kornblum and Cristina J. Imre
    Mr. Kornblum and Ms. Imre speculate that the explosion in punitive damage awards may have run its course.
  • Executions in California
    By Gerald Chaleff
    Mr. Chaleff analyzes the grim developments for those accused of capital crimes in California.
  • Wrongful Discharge: Which Way Will the Supreme Court Go?
    by Martha W. Hammer and Jerome F. Birn, Jr.
    Ms. Hammer and Mr. Birn assess the likely effect of the ten wrongful discharge cases pending before the California Supreme Court.
  • Negligent Bad Faith? Analysis of Negligent Infliction of Emotional Distress
    By Philip D. Witte
    Mr. Witte reformulates the doctrine of negligent infliction of emotional distress.
  • Judicial Opinion
    By W. F. Rylaarsdam
    Judge Rylaarsdam suggests that plaintiffs frequently misuse Evidence Code Section 776.

Volume 1, Number 2, Winter 1988: ATTACK AND COUNTERATTACK

  • Editorial Opinion
    By Mark Herrmann
    In his Editorial Opinion, Mr. Herrmann argues that our litigation process can properly sacrifice truth in pursuit of justice.
  • Litigation Alert
    Litigation Alert highlights new developments in case law.
  • Tort Reform at the ABA: What It Means to California
    By Kurt Melchior
    Mr. Melchior analyzes the effect of tort reform resolutions passed by the ABA on practicing law in Califor
  • An Expose of the Insurance Crisis
    By Browne Greene
    Mr. Greene argues that any crisis in the insurance industry was self-inflicted, and not the result of runaway juries.
  • Cost Raising Strategies in Litigation
    By Daniel Wall
    Mr. Wall argues that Section 1927 can be a useful tool for controlling litigation abuses when used in conjunction with Rule 11.
  • Malicious Prosecution: Attorneys as Defendants
    By Ronald E. Mallen and Mark S. Kannett
    Mr. Mallen and Mr. Kannett explain the potential liability of attorneys in malicious prosecution actions.
  • In Defense of the Litigation Privilege
    By David B. Parker and Donald L. Lavi
    Mr. Parker and Mr. Lavi suggest that recent appellate decisions restricting the litigation privilege erode necessary protections.
  • Judicial Opinion
    By Robert W. Zakon
    Commissioner Zakon argues that the routine dissolution restraining orders should be issued automatically, rather than after ex parte hearings.

Volume 1, Number 1, Fall 1987: WHEN THE LAWYER PAYS THE PIPER

  • Editorial Opinion: The Constitution and the Lawyers
    by Robert Aitken
    In his message from the Chair, Mr. Aitken deplores the fact that although lawyers played an important role in drafting the constitution, they continue to hold a low place in the public’s esteem.
  • Litigation Alert
    Litigation Alert highlights new developments in case law and statutes.
  • Remedies that Are Right: The Case for Attorney Sanctions
    By The Honorable Eli Chernow
    Judge Chernow argues that widespread support for judicial imposition of sanctions has at long last made sanctions a viable tool for state court trial judges.
  • Reducing Time to Trial: The Trial Court Delay Reduction Act of 1986
    By John K. Van de Kamp and Richard Jacobs
    Attorney General Van de Kamp and Special Assistant Attorney General Jacobs argue that the Trial Court Delay Reduction Act of 1986 may help change California’s “legal culture” and shorten time to trial in state courts.
  • Appellate Sanctions: Caprice in Blunderland?
    By Edward L. Lascher
    Mr. Lascher argues that routine imposition of sanctions by appellate courts is not worth the candle, given the extra work it creates.
  • Discover Sanctions Under Rule 26(g)
    By Lynn Pasahow
    Mr. Pasahow argues that although Rule 26(g) authorizes expanded discovery sanctions, it should not chill vigorous discovery conducted in good faith.
  • Alternatives to Litigation . . . The Only Alternative
    By Justice John H. Trotter
    Justice Trotter argues that increased use of alternative dispute resolution is the only way to keep the civil justice system from grinding to a halt.
  • Private Settlement Conferences: Variations on an Old Theme
    By H. Warren Knight
    Judge Knight explains the potential advantages of alternative dispute resolution.

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