San Jose Post Record
Friday, January 16, 2026
GUEST COLUMNS

Thursday, January 15, 2026

SB 37 redefines "truthful and not misleading" for an era when AI, vendors and influencers often blur the line between real legal advice and digital impersonation.
Five 2025 appellate rulings that trusts and estates practitioners need to know, from reformation petitions and elder abuse liability to demurrer deadlines and will revocation requirements.

Wednesday, January 14, 2026

As multimillion-dollar payouts for police violence, infrastructure failures and civil rights violations surge, California's public liability funds are straining under risks their original designs never envisioned.
A series of antitrust defeats has left the NCAA unable to enforce its own eligibility rules, fueling a bidding war for top athletes that threatens to destroy non-revenue sports programs. Federal legislation may be the only way to preserve college athletics.

Tuesday, January 13, 2026

California's highest court will decide in Bring Back the Kern v. City of Bakersfield whether a statutory duty to protect fish under Fish & Game Code ยงย 5937 must be tied to the Constitution's "reasonable use" requirement before a violation can be found.
In Paglia & Associates Construction v. Hamilton, a homeowner's critical Yelp reviews and blog posts about her contractor led to a libel lawsuit. The 2nd District Court of Appeal ruled the litigation privilege doesn't extend to public social media complaints--only to communications made within official proceedings.

Monday, January 12, 2026

After years of attempts, California has amended the Elder Abuse and Dependent Adult Civil Protection Act to let judges lower the evidentiary bar in cases involving spoliation.
Federal contractors are supposed to give hiring preferences to veterans, but the Department of Labor lets them off the hook.

Friday, January 9, 2026

The Trump administration is already deploying GenAI to second-guess physicians' determinations of medical necessity for seniors' treatments, shifting Medicare toward cost-driven care over clinician judgment.
California's 2026 carryout bag law closes the thick plastic loophole but still relies on outdated material categories instead of lifecycle performance metrics to guide sustainable packaging policy.

Thursday, January 8, 2026

Britain's control of Iran's oil industry in the 20th century was technically successful but politically catastrophic. The lessons from that failure offer crucial insights for anyone considering U.S. engagement in Venezuela's oil sector today.
The IRS's new Trump Accounts could reshape early-life investing, offering families a flexible, long-term savings tool that blends retirement-style benefits with child-focused incentives.

Wednesday, January 7, 2026

Netflix's $72 billion bid for Warner Bros. Discovery tests the limits of antitrust enforcement in the streaming era--and reveals how media giants are adapting to regulatory scrutiny.
California's bail system crisis isn't the result of recent reforms--it stems from courts refusing to follow constitutional requirements that have existed since 1849.

Tuesday, January 6, 2026

At the intersection of Saticoy Street and Topanga Canyon Boulevard in Canoga Park, a newly rebuilt crosswalk tells a troubling story about how well-intentioned compliance initiatives can quietly make streets less safe.
By declining review in Kennedy Commission, the California Supreme Court let stand a ruling that sharpens a pivotal question: how far, and how fast, can the state compel charter city housing compliance?

Monday, January 5, 2026

Friday, January 2, 2026

Alford and Pena expose a split over emergency takings: One court says the Fifth Amendment always requires compensation, the other leans on history, leaving the Supreme Court to resolve the clash.
As states wage an escalating redistricting arms race, the only way to stop politicians from handpicking their voters is a national ban on partisan gerrymandering that puts independent mapmakers -- not self-interested lawmakers--in charge.

Wednesday, December 31, 2025

Witnesses tell your client's story but mishandling them can write them out of your case entirely. From who you can contact to what documents you can accept, here's what California lawyers need to know about witness communication ethics.
Enlarging the House by 150 members and the Senate by 21 could make Congress more representative, reduce district distortion and restore closer connections between lawmakers and constituents.

Tuesday, December 30, 2025

Understanding the neutral's perspective can help practitioners achieve better outcomes.
Constructive receipt determines when income is considered taxable, focusing on whether you have an unrestricted right to payment, even if you don't actually receive it.

Monday, December 29, 2025

To counterbalance a federal judiciary dominated by former executive branch lawyers who defer to presidential power, the Senate should require that for every judge nominated with senior executive experience, another must have substantive legislative branch experience.
Combat veterans carry invisible battlefields of trauma; while the justice system once punished their symptoms, veteran treatment courts now prioritize healing, restore dignity, reduce recidivism and offer paths to redemption.

Friday, December 26, 2025

In 2025, NIL rights transformed college sports, boosting athlete pay, fueling school revenue and reshaping recruitment--benefiting all divisions while normalizing a market worth more than $2 billion.
As the Supreme Court moves to expand presidential power by subordinating independent agencies to executive prerogatives, a proposed statute would restore congressional authority by creating expert advisory agencies that develop bipartisan legislation for fast-track congressional votes.

Tuesday, December 23, 2025

Trump's new "Gold Card" immigration program offers wealthy foreign nationals an expedited green card in exchange for a $1 million non-refundable payment to the U.S. government, igniting controversy over wealth-based access to residency.
President Trump's executive order is not legalization, but a procedural step that underscores just how far federal cannabis policy remains from meaningful reform.

Monday, December 22, 2025

A new Second District Court of Appeal decision dismantles the Patterson exception, easing the burden on defendants and restoring common sense to the workers' comp treatment authorization process.
Two recent federal actions--one administrative, one judicial--highlight the sharp limits of executive and court-based cannabis reform, reinforcing that only Congress can resolve the deep constitutional conflicts at play.

Friday, December 19, 2025

California has long flirted with a wealth tax, but a new ballot measure targeting the state's billionaires could finally break through where past efforts have failed.
California's housing crisis has become a tale of two cities--with San Francisco charging ahead and Los Angeles backpedaling--offering a stark look at how local leaders navigate state pressure and housing need.

Thursday, December 18, 2025

The Supreme Court's IEEPA tariff cases put a sharp question front and center: Can Congress really give the president a blank check to tax imports? Several swing justices seem doubtful.
A constitutional challenge in Fresno raises an issue faced by cities across the country: Whether municipalities can lawfully criminalize homelessness in the absence of viable alternatives to outdoor living.

Wednesday, December 17, 2025

Government coercion of private platforms to suppress apps like ICEBlock exemplifies "censorship by proxy," raising urgent First Amendment concerns about protecting speech, transparency and public safety against overreach.
When powerful interests redefine accountability through public narratives, perception can begin to outweigh evidence in shaping the law.
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