Beyond the President’s Reach: Birthright Citizenship, the Fourteenth Amendment, and the Limits of Executive Power
Attempts like Executive Order 14160 to redefine citizenship by executive fiat are incompatible not just with the constitutional text, but with the allocation of authority within our constitutional structure.
Legal Defenses for AI Companies When Users Are Injured Following AI-Generated Advice: Navigating Online Information, Tradition, and Risk
This article provides a clear overview of legal defenses available to AI companies facing user-injury claims, while also outlining the need for heightened user awareness in an age of both information abundance and ambiguity.
Redistricting at the Crossroads: Louisiana v. Callais and America’s Voting Rights Dilemma
The case asks a deceptively simple but deeply loaded question: What is a legislature to do when the Voting Rights Act (VRA) seems to demand racial considerations, yet the Constitution—by way of Supreme Court precedent—warns that using race as the central factor is itself illegal? Callais turns on the line between what is required, and what is forbidden, in the drawing of American electoral maps.
Do I Need My Monocle to Read World Law?Why the ICJ’s Climate Change Opinion Proves We Need a New Baseline for Global Judicial Communication
If global justice is truly for the world, the world’s court must choose to lead, not just in law, but in communication.
Unconscionability and Delegation Clauses in California Arbitration Agreements: Doctrinal Overview
“Generally applicable contract defenses, such as fraud, duress, or unconscionability, may be applied to invalidate arbitration agreements,” so long as such rules do not uniquely burden arbitration. AT&T Mobility LLC v. Concepcion, 563 U.S. 333, 339–40 (2011).
How Out-of-State Subpoenas Work in California: What Litigants and Clients Need to Know
California’s well-defined process for out-of-state subpoenas provides a valuable tool for litigants and attorneys alike. By understanding the statutory framework and following the established procedures, anyone involved in a multistate lawsuit can efficiently obtain the evidence they need to support their case.
Direct vs. Derivative Actions in California: A Shareholder’s Guide to Business Lawsuits
The difference between direct and derivative actions is not merely academic. If you bring the wrong type of lawsuit or fail to follow the statutory procedures-especially the demand requirement-your case may be dismissed before it is ever heard.
Piercing the Corporate Veil in California: When and How Individuals Can Be Held Personally Liable
Piercing the corporate veil is not a routine remedy. California courts reserve this doctrine for cases where the business entity is being misused to the detriment of others.
Cross-Complaints, Counterclaims, and Impleader in California Civil Litigation
When you’re sued in California, your immediate concern may be defending yourself-but what if you have your own claims to assert? Whether you believe the plaintiff is actually at fault, a co-defendant owes you money, or a third party should share the blame, California law provides unique tools for making your voice heard in court.
Discovery Sanctions in California: What You Need to Know and Why Experience Matters
Successfully obtaining discovery sanctions is not simply a matter of showing that the opposing party violated their obligations. California courts require strict compliance with procedural rules when requesting sanctions.
Protecting Your Property Rights in California: What Every Owner Should Know
Property ownership is a cornerstone of California law. Yet, your rights as an owner can be threatened by disputes, encroachments, government action, or misunderstandings with neighbors or family. Whether you own a home, land, or valuable possessions, understanding your rights-and how to protect them-is essential.
How Contracts Are Formed in California: Essential Elements and Practical Guidancee
Forming a valid contract in California requires more than a handshake or a signature. By ensuring your agreement includes all the essential elements-capacity, mutual consent, a lawful object, consideration, and certainty of terms-you lay the groundwork for enforceability.