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News for, and by, our local legal community, curated and created by the Santa Clara County Bar. The opinions expressed in this blog are the authors' own and do not necessarily represent or reflect the views of the Santa Clara County Bar Association, its members, its employees, or its governing board.

 

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Five questions with incoming Chapman law dean Matt Parlow

Posted By Administration, Tuesday, March 8, 2016

After eight long years away from Chapman's Dale E. Fowler School of Law, former professor Matt Parlow will soon return to Orange to succeed Dean Tom Campbell, who will return to teaching full time at the end of the academic year.

Parlow is currently the associate dean for academic affairs and a professor of law at the Marquette University Law School in Milwaukee.

Growing up in Southern California, Parlow always has had a passion for sports. From his youth to today, he always has been especially passionate about basketball – going so far as to say he bleeds purple and gold for the Lakers – but his love isn’t limited to just one sport.

His sporty disposition ultimately has fused with his legal practice, making him an expert in sports law who has consulted for professional teams and leagues on various matters, including the purchase of teams and collective bargaining issues.

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Supreme Court stays out of Batmobile case, a victory for DC Comics' copyright crusade

Posted By Administration, Tuesday, March 8, 2016

Pow! Zap! Bam! DC Comics has won its crusade against Batmobile duplicates.

The comic book publisher's legal battle with a Temecula mechanic over knockoffs of Batman's prized vehicle won't go before the Supreme Court. 

On Monday, the high court declined to hear an appeal of a lower court ruling that said the Batmobile couldn't be replicated without permission from DC Comics, the copyright owner.

Mark Towle had been producing versions of Batman's vehicle as it appeared in the 1966 Adam West television program and the 1989 Tim Burton-directed movie about the caped crusader.

Read the whole story at LA Times

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Report: Joe Dunn's firing was justified

Posted By Administration, Tuesday, March 8, 2016

A recently released report claims that Orange County congressional candidate Joe Dunn’s 2014 firing from his job as executive director of the State Bar of California was justified because he misled board members and failed to provide them with key information.

Dunn’s campaign denied the allegations Monday.

Dunn and fellow Democrat Lou Correa are the leading candidates for the seat being vacated by Rep. Loretta Sanchez, D-Orange, who is stepping down to run for U.S. Senate.

“Dunn failed on several occasions to satisfy his contractual and fiduciary duties to provide complete and accurate disclosures to the board,” said the investigative report produced by the law firm of Munger, Tolles & Olson for the bar prior to his firing.

Read the whole story at OC Register

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Opinion: Asian American judges should be considered for Supreme Court

Posted By Administration, Tuesday, March 8, 2016

The recent unexpected death of United States Supreme Court Justice Antonin Scalia was almost immediately followed by speculation about his replacement. Equal attention has been given to the question of whether the Republican-controlled Senate will permit a confirmation vote. While media-based candidacies abound, two Californians — both esteemed Asian Pacific American judges — should be given strong consideration. Each possesses impeccable judicial credentials, combined with outstanding personal experiences, which would have an immediate and positive impact on the Supreme Court. Nominating either of them would be historic.

Justice Goodwin Liu has been an associate justice of the California Supreme Court since 2011. In sharp contrast to the bruising confirmation battle for the U.S. Court of Appeals for the Ninth Circuit, during which time he was vilified by Senate Republicans as being a left-wing ideologue, Liu was confirmed unanimously to the California Supreme Court in 2011.

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Study Shows How Much Work It Takes to Be Supreme Court’s Friend

Posted By Administration, Tuesday, March 8, 2016

As in all big Supreme Court cases these days, there were scores of supporting briefs filed in Wednesday’s showdown over a restrictive Texas abortion law.

These friend-of-the-court filings — lawyers call them “amicus curiae briefs” — were diverse, but they were not random. They were the product of a coordinated campaign of judicial lobbying called “the amicus machine,” according to a new study based on interviews with more than 20 leading Supreme Court lawyers.

The teams preparing for major Supreme Court cases must now include two new members, the study said: the amicus wrangler and the amicus whisperer.

“The wrangler is gathering the troops,” said Allison Orr Larsen, a professor at William and Mary Law School and one of the study’s authors, “and the whisperer is coordinating the message.”

Read the whole story at NY Times

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San Francisco: Potential high court nominee Nguyen inspired by her family

Posted By Administration, Tuesday, March 8, 2016

Jacqueline Nguyen knows adversity.

She, her siblings and their parents fled Vietnam, and the 10-year-old Nguyen spent her first days in the United States in 1975 in a refugee tent city at Camp Pendleton in California.

Nguyen, 50, says her parents' perseverance to provide for their six children and start a new life in a foreign country has inspired her to seize opportunities even when they may be difficult or new.

Now a federal appeals court judge, Nguyen may need to summon that inspiration again if President Barack Obama names her as his pick for the U.S. Supreme Court, with a bruising partisan battle looming regardless of the nominee Obama sends to the U.S. Senate. The court is operating with only eight justices since the death of Justice Antonin Scalia last month.

Read the whole story at Inside Bay Area

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Law Graduate Gets Her Day in Court, Suing Law School

Posted By Administration, Tuesday, March 8, 2016

Nearly a decade has passed since an aspiring young lawyer in California, Anna Alaburda, graduated in the top tier of her class, passed the state bar exam and set out to use the law degree she had spent about $150,000 to acquire.

But on Monday, in a San Diego courtroom, she will tell a story that has become all too familiar among law students in the United States: Since graduating from the Thomas Jefferson School of Law in 2008, she has yet to find a full-time salaried job as a lawyer.

From there, though, her story has taken an unusual twist: Ms. Alaburda, 37, is the first former law student whose case against a law school, charging that it inflated the employment data for its graduates as a way to lure students to enroll, will go to trial.

Read the whole story at NY Times

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Refer your colleagues to SCCBA, and earn free MCLE courses each quarter.

Posted By Paula Collis, Friday, March 4, 2016

Over 75% of new SCCBA members decide to join because of YOU, our current members. 

Earn a FREE MCLE Seminar Pass per quarter for a live webcast or streaming video. (A $95 value per seminar; you can earn back a full year of your membership dues in FREE SEMINAR PASSES. One pass will be given for every three referrals each quarter)

YOU can grow the influence of the SCCBA and grow the number of attorneys who become involved in the many activities for the legal profession and who can access the services that assist attorneys in professional development.

Please visit this link to invite colleagues to join the SCCBA. A link to the SCCBA website will be automatically included when you send the invitation via the form. 

Refer a Colleague →

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Can a 3-year old represent herself in immigration court? This judge thinks so.

Posted By Administration, Friday, March 4, 2016

A senior Justice Department official is arguing that 3- and 4-year-olds can learn immigration law well enough to represent themselves in court, staking out an unconventional position in a growing debate over whether immigrant children facing deportation are entitled to taxpayer-funded attorneys.

Jack H. Weil, a longtime immigration judge who is responsible for training other judges, made the assertion in sworn testimony in a deposition in federal court in Seattle. His comments highlighted the plight of thousands of juveniles who are forced to defend themselves each year in immigration court amid a surge of children from Central America who cross the southwestern U.S. border .

Read the whole story at The Washington Post

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Justice Dept. grants immunity to staffer who set up Clinton email server

Posted By Administration, Friday, March 4, 2016

The Justice Department has granted immunity to a former State Department staffer, who worked on Hillary Clinton’s private email server, as part of a criminal investigation into the possible mishandling of classified information, according to a senior law enforcement official.

The official said the FBI had secured the cooperation of Bryan Pagliano, who worked on Clinton’s 2008 presidential campaign before setting up the server in her New York home in 2009.

As the FBI looks to wrap up its investigation in the coming months, agents are likely to want to interview Clinton and her senior aides about the decision to use a private server, how it was set up, and whether any of the participants knew they were sending classified information in emails, current and former officials said.

Read the whole story at Washington Post

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