California LiItigation: Volume 16 - Volume 20 

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.

Volume 20, 2007	Ethics (Vol. 20, No. 3, 2007) The Court’s Redux: A Continuing Debate (Vol. 20, No. 2, 2007) Crisis in the Courts? (Vol. 20, No. 1, 2007)
Volume 19, 2006	Malpractice (Vol. 19, No. 3, 2006) Privacy Rights and Wrongs (Vol. 19, No. 2, 2006) The Corporate Litigators (Vol. 19, No. 1, 2006)
Volume 18, 2005	The New Federalism (Vol. 18, No. 3, 2005) Rediscovering Discovery (Vol. 18, No. 2, 2005) Juries Revisited (Vol. 18, No. 1, 2005)
Volume 17, 2004	Technology Today (Vol. 17, No. 3, 2004) What a Life (Vol. 17, No. 2, 2004) Potpourri (Vol. 17, No. 1, 2004)
Volume 16, 2003	Complex Litigation (Vol. 16, No. 3, 2003) Appeals (Vol. 16, No. 2, 2003) Damage$ (Vol. 16, No. 1, 2003)

Volume 20, 2007

Volume 20, Number 3, 2007: Ethics

Posted in the Members Only Area

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

Posted in the Members Only Area

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?

Posted in the Members Only Area 

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

Posted in the Members Only Area
*********************
The South Dakota "Jail4Judges" ballot measure, which is the subject of an article in Volume 19,Number 3, is posted here.
*********************

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

Posted in the Members Only Area

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

Posted in the Members Only Area

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

Posted in the Members Only Area

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 Foreword: The New Federalism
By Joan Wolff

4 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

Posted in the Members Only Area

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

Posted in the Members Only Area

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