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, BShatz@Manatt.com).

Volume 35

Volume 35, Number 2, 2022

• FROM THE SECTION CHAIR
  Written by Jessica Barclay-Strobel
• EDITOR’S FOREWORD
  Written by Benjamin G. Shatz
• TELL IT TO THE JUDGE … OR THE JURY … OR THE ARBITRATOR? BEFORE YOU TELL YOUR STORY … KNOW YOUR AUDIENCE! Written by Kevin P. Dwight
• IT’S TIME TO FIX OUR BROKEN DISCOVERY CIVIL CULTURE
  Written by Hon. Lawrence P. Riff
• A CONVERSATION WITH NINTH CIRCUIT JUDGE JOHN B. OWENS
  Interviewed by Christian Andreu-von Euw & Allison Westfahl Kong
• HOW RIGHTS WENT WRONG: WHY OUR OBSESSION WITH RIGHTS IS TEARING AMERICA APART
  Reviewed by Marc Alexander
• ADVANCED TOPICS IN APPELLATE PRACTICE: THE PATH OF MASTERY
  Reviewed by Robert M. Shaughnessy
• NEW FEDERAL LEGISLATION RAISES MULTIPLE QUESTIONS REGARDING LITIGATION OF SEXUAL ABUSE AND SEXUAL HARASSMENT CASES AND AFFECTS RECENT STATE LEGISLATION
  Written by Hon. Allan J. Goodman (Ret.)
• THE CREST OPINIONS: IMPEDING LEGISLATIVE EFFORTS TO DIVERSIFY CORPORATE BOARDS
  Written by Rachel Naor
• WHEN MAY A COURT COMPEL AN INDIVIDUAL (OR REPRESENTATIVE) PAGA CLAIM TO ARBITRATION?
  Written by Deborah Crandall Saxe
• THE POWER OF ARBITRATORS TO DECIDE ARBITRABILITY — DELEGATION CLAUSES AND LESSONS FROM CASELAW
  Written by Robert S. Amador
• U.S. v. NIXON, 50 YEARS LATER
  Written by Dan Lawton
• LITIGATION v. TRANSACTIONAL WORK: WHO’S THE “REAL LAWYER”?
  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
• MCLE ARTICLE
  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
• MCLE ARTICLE
  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
  Ch-ch-changes
  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

Volume 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
  sen
• 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
  rs.

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
  nia.
• 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.