Podcasts about Calp

The Supreme Court faulted the district judge in A.A.R.P. v. Trump for refusing to grant the Venezuelan alleged Tren de Aragua members' injunction. But on remand, Judge Ho comes to the judge's defense: after all, the judge only had 42 minutes' notice. And to conclude that the judge had had some 14 hours, Judge Ho noted, the Supreme Court must have started counting at 12:30 a.m. Last time we checked, Congress has not provisioned courts a budget to operate 24 hours. “This is a district court,” Judge Ho reminds, “not a Denny's.”The Supreme Court doesn't have appellate jurisdiction without an actual order on the injunction motion. Tim agrees with Judge Ho that the Supreme Court played a little roughshod with the otherwise fussy jurisdictional rules.But the Court is losing patience with the Trump Administration's legal tactics, Jeff suspects, which is why the Court is willing to stretch past the limits on its power.What do you think? Is the Court's move defensible exercising power arguably beyond its jurisdiction? Does it hold faith with Marbury, which famously established judicial power by not exercising it?We also discuss the one-sentence letdown in the high-stakes religious charter school case, Oklahoma Charter Board v. Drummond. And we share CALP alum Chris Schandevel's appellate lessons from a hard-fought loss: how to serve your client when the Court doesn't serve you the decision you fought for.Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.Sign up for Not To Be Published, Tim Kowal's weekly legal update, or view his blog of recent cases.

Buket Calp'ın hazırlayıp sunduğu İçimizdeki Yenilik programına Kurucu / Uluslararası İş Geliştirme & Profesyonel Gelişim Danışmanı Ayça Özaslan konuk oldu.

Buket Calp'ın hazırlayıp sunduğu İçimizdeki Yenilik programına Kurucu / Uluslararası İş Geliştirme & Profesyonel Gelişim Danışmanı Ayça Özaslan konuk oldu.

Buket Calp'ın hazırlayıp sunduğu İçimizdeki Yenilik programına RTTP Onaylı Teknoloji Transferi Profesyoneli Marmara Üniversitesi Öğr. Gör. Şule Çalışkan Eleman konuk oldu.

Buket Calp'ın hazırlayıp sunduğu İçimizdeki Yenilik programına RTTP Onaylı Teknoloji Transferi Profesyoneli Marmara Üniversitesi Öğr. Gör. Şule Çalışkan Eleman konuk oldu.

Buket Calp'ın hazırlayıp sunduğu İçimizdeki Yenilik programına Kuantum Araştırma- Qmindlab Yazılım Kurucusu - Yapay Zeka Politikaları Derneği (AIPA) Başkan Yardımcısı Volkan Kılıç konuk oldu.

Buket Calp'ın hazırlayıp sunduğu İçimizdeki Yenilik programına Kuantum Araştırma- Qmindlab Yazılım Kurucusu - Yapay Zeka Politikaları Derneği (AIPA) Başkan Yardımcısı Volkan Kılıç konuk oldu.

Judge VanDyke made a YouTube video to accompany his dissent in Duncan v. Bonta, the Second Amendment case in which a Ninth Circuit en banc panel upheld California's ban on handgun magazines over 10 bullets. Judge VanDyke's video shows him disassembling a gun, comparing accessories, and using a portion of oral argument to claim his point wasn't being heard. The issue: If a magazine is just an accessory not entitled to Second Amendment protection, then basically the entire gun is just a bunch of unprotected accessories.Jeff and Tim react:Can a federal judge issue a TikTok-style dissent? If so, can lawyers start footnoting their briefs with YouTube links?Does a video “illustration” that relies on props cross the line into new fact-finding? Or is it just illustrative of a legal point about distinguish an “arm” from its “accessories”?Are judges likely to do more of these dissents? Maybe explainer videos would be useful in patent cases (comparing iPhone and Samsung phone designs), or product defects, or police excessive-force cases?And practical questions: Will the video—and transcript—show up in Westlaw searches? How do you cite to something side during a dissent video?We also discuss a California Supreme Court ruling clarifying that malicious prosecution claims, even against lawyers, get the full two-year statute of limitations. Not the shorter one-year.And finally, an update from the J&J v. Trump litigation saga: a judge opens with a warning about the “priceless” nature of attorney integrity. The administration then invoked state secrets. Contempt proceedings now loom. Stay tuned.Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.Sign up for Not To Be Published, Tim Kowal's weekly legal update, or view his blog of recent cases.Other items discussed in the episode:Video Dissent: https://bsky.app/profile/rmfifthcircuit.bsky.social/post/3lkt7yftgqc2g

Buket Calp'ın hazırlayıp sunduğu İçimizdeki Yenilik programına Yaratıcı Endüstriler Proje Uzmanı, Topluluk Oluşturucu Ali Konü konuk oldu.

Buket Calp'ın hazırlayıp sunduğu İçimizdeki Yenilik programına Yaratıcı Endüstriler Proje Uzmanı, Topluluk Oluşturucu Ali Konü konuk oldu.

This episode is a conversation about the neuropsychology of bilingualism, with a focus on children and the developing brain. We review concepts including language acquisition during fetal and early life development, sequential versus simultaneous bilingualism, L1 versus L2, BICS and CALP, cognitive effects of bilingualism (particularly executive functions), neuroanatomy and neuroimaging, and impact of SES on language development. We also cover clinically oriented topics related to conducting neuropsychological evaluations in bilingual children, such as assessing language proficiency prior to cognitive testing, effectively utilizing interpreters, normative data selection, report writing, feedback, and teleneuropsychology. Show notes are available at www.NavNeuro.com/162 _________________ If you'd like to support the show, here are a few easy ways: 1) Get CE credits for listening to select episodes: www.NavNeuro.com/INS  2) Tell your friends and colleagues about it 3) Subscribe (free) and leave an Apple Podcasts rating/review: www.NavNeuro.com/itunes 4) Check out our book Becoming a Neuropsychologist, and leave it an Amazon rating   Thanks for listening, and join us next time as we continue to navigate the brain and behavior! [Note: This podcast and all linked content is intended for general educational purposes only and does not constitute the practice of psychology or any other professional healthcare advice and services. No professional relationship is formed between hosts and listeners. All content is to be used at listeners' own risk. Users should always seek appropriate medical and psychological care from their licensed healthcare provider.]

Buket Calp'ın hazırlayıp sunduğu İçimizdeki Yenilik programına Necmettin Erbakan Üniversitesi - Girişim Pusulası Doç. Dr. Ahmet Çubukcu konuk oldu.

Buket Calp'ın hazırlayıp sunduğu İçimizdeki Yenilik programına Necmettin Erbakan Üniversitesi - Girişim Pusulası Doç. Dr. Ahmet Çubukcu konuk oldu.

Buket Calp'ın hazırlayıp sunduğu İçimizdeki Yenilik programına Synergia Kurucu Ortak / İAÜ TEKMER Genel Müdürü Dr. Ali Cihan Kurt konuk oldu.

Buket Calp'ın hazırlayıp sunduğu İçimizdeki Yenilik programına Synergia Kurucu Ortak / İAÜ TEKMER Genel Müdürü Dr. Ali Cihan Kurt konuk oldu.

Buket Calp'ın hazırlayıp sunduğu İçimizdeki Yenilik programına Founder TeacherX , ETZ Dr. Işıl Boy Ergül konuk oldu.

Buket Calp'ın hazırlayıp sunduğu İçimizdeki Yenilik programına Founder TeacherX , ETZ Dr. Işıl Boy Ergül konuk oldu.

Buket Calp'ın hazırlayıp sunduğu İçimizdeki Yenilik programına The Newsight Kurucu Ortağı Duygusu Ocakoğlu ve The Newsight Kurucu Ortağı Alp Hazar Büyükçulhacı konuk oldu.

Buket Calp'ın hazırlayıp sunduğu İçimizdeki Yenilik programına The Newsight Kurucu Ortağı Duygusu Ocakoğlu ve The Newsight Kurucu Ortağı Alp Hazar Büyükçulhacı konuk oldu.

Buket Calp'ın hazırlayıp sunduğu İçimizdeki Yenilik programına Yapay Zeka Fabrikası Genel Müdür Yardımcısı Kadir Bulut konuk oldu.

Buket Calp'ın hazırlayıp sunduğu İçimizdeki Yenilik programına Yapay Zeka Fabrikası Genel Müdür Yardımcısı Kadir Bulut konuk oldu.

Buket Calp'ın hazırlayıp sunduğu İçimizdeki Yenilik programına EkoAvrasya Vakfı Genel Sekreter Yardımcısı Yasemin Kuleyin konuk oldu.

Buket Calp'ın hazırlayıp sunduğu İçimizdeki Yenilik programına EkoAvrasya Vakfı Genel Sekreter Yardımcısı Yasemin Kuleyin konuk oldu.

On this episode of the Learning Ally Literacy Leadership Podcast, host Dr. Terrie Noland, CALP, speaks with Tiffany Dudley, who brings 19 years of experience in education. Her roles include an elementary educator, gifted and talented specialist, library media specialist, and currently the State Program Manager for Learning Ally. Throughout her career, Tiffany has made a significant impact, particularly through her advocacy for the Great Reading Games, an initiative designed to inspire students to engage in reading. She highlights teachers' powerful role as "reader leaders," Whether teachers realize it or not, their actions and enthusiasm for books profoundly shape students' attitudes toward reading. Feeling inspired? We've got the tools, resources, and support to help you challenge your students to take their reading to the next level in this year's Great Reading Games. For more information, click here.

Attorneys still wrestling with Microsoft Word to finish a brief need to be acquainted with Chris Dralla's product Typelaw, the groundbreaking tool that lets attorneys turn plain text into fully formatted, cited, hyperlinked, local rule-compliant briefs.If your practice depends on producing high-quality briefs, here is why you need Typelaw in your life:Typelaw reduces non-billable time spent on technical aspects of brief preparation, allowing lawyers to focus on legal arguments.Moving beyond Word, Typelaw lets you edit directly in the PDF to see instantly what the final, hyperlinked version will look.We also compare and contrast Typelaw with similar and complimentary offerings from Clearbrief and CounselPress.Chris Dralla's biography, LinkedIn profile, and Twitter feed.Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.Sign up for Not To Be Published, Tim Kowal's weekly legal update, or view his blog of recent cases.Other items discussed in the episode:Videos from this episode will be posted at Tim Kowal's YouTube channel.Explore Type Law: Visit Type Law's website to learn more about their services for automating appellate and trial brief preparation.

In this episode, host Dr. Terrie Noland, CALP talks with with the remarkable Kenia Flores, the Manager of Government Relations at Learning Ally. A true Literacy Leader, Kenia lives the Learning Ally mission each and every day. Kenia, who was born blind, narrates her personal and professional journey, highlighting the impact of mentors and advocacy in her life. She emphasizes the transformative power of education for students with disabilities, as well as her efforts in advocating for accessible absentee voting in North Carolina and delivering a TED Talk on overcoming low expectations. The discussion advocates for increased inclusivity, the importance of lived experiences, and active community engagement in the democratic process. Listen to Kenia's TED Talk here, and learn more about her recent accomplishment of being named a Democracy Hero here. 

Our latest episode of the Learning Ally Literacy Leadership Podcast, with host Dr. Terrie Noland, CALP, features Dr. Kelli Sandman-Hurley, co-founder of the Dyslexia Training Institute. Join us as we explore practical strategies for parent advocacy and effective interventions for students with dyslexia. Discover how educators can create a supportive learning environment and collaborate with families to enhance student outcomes. In this eye-opening discussion, Kelli emphasizes the importance of personalized IEP goals, the emotional impact of low literacy, and the vital role educators play in partnership with parents. 

This week, podcast host Dr. Terrie Noland, CALP, sits down with Paul Garcia, a literacy champion with over 30 years of experience in education. Paul's journey is nothing short of inspiring, as he shares his innovative methods and unique approach to engaging students with the magic of words. Through his enchanting character, Ferny the Dragon, Paul has created a captivating world that ignites curiosity and fosters a sense of word wonder in young minds. ✨ Come explore Ferny's Learning Cave! Learn new words, laugh, and be amazed in a world of word wonder here: https://youtube.com/playlist?list=PLaj2Wt6OLeVh_f18YzLbep_H3-a5MABlv&feature=shared This podcast was produced and edited by Rachel Huber and Elizabeth Zwerg.

Tune in to this week's podcast episode with host, Dr. Terrie Noland, CALP, as she chats with Brandon Cardet-Hernandez, Chief Strategy Officer at Mrs. Wordsmith! Learn about Brandon's transformative journey from the classroom to spearheading cutting-edge educational tools.  This episode dives into the significance of vocabulary in literacy, innovative learning methods, and how to make education both enjoyable and impactful. It's a must-listen! Catch Spotlight on Dyslexia on-demand via the link sent to your email after registration. Don't have your ticket yet? Register here: https://learningally.org/conferences/spotlight-on-dyslexia/spod24-registration

After discussing SCOTUS voting blocs and public perception, in part two of our discussion Adam Feldman rounds up the 2023-2024 term. We cover:SEC v. Jarkesy, holding that 7th Amendment procedural rights apply in agency proceedings, and whether Adam is surprised at the voting alignment (conservatives pro, liberals con).Loper Bright v. Raimondo, overruling Chevron, and what to make of the liberal bloc joining the government in both these administrative state cases.CFPB v. Comm. Fin. Svcs Assn, holding that CFPB funding fits with history and tradition, and whether Adam was surprised that Justice Thomas broke with the conservative group to join.Trump v. Anderson, holding the 14th Amendment did not disqualify Trump from the ballot, and whether Adam was surprised it was 9-0.Fischer v. U.S., holding 18 USC 1512 (prohibiting congressional obstruction) does not apply to Jan. 6, and whether Adam was surprised that Justice Jackson joined, and Justice Barrett dissented.Rahimi, holding the text, history, and tradition test supports civil restraining order disarmament, and whether Adam was surprised the court even took this case, and surprised that the court only issued GVRs on companion cases, despite there being so many Rahimi concurrences. (Akhil Amar, renowned constitutional scholar and an originalist of a liberal variety, has an interesting take on Rahimi at his podcast here.)Adam Feldman biography, LinkedIn profile, and Twitter feed.Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.Sign up for Not To Be Published, Tim Kowal's weekly legal update, or view his blog of recent cases.The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext's newest technology, CoCounsel, the world's first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.Other items discussed in the episode:Empirical SCOTUS, https://empiricalscotus.com/Videos from this episode will be posted at Tim Kowal's YouTube channel.Legal Data Analytics | Optimized Legal Solutions (feldyfied.wixsite.com)

Tune into this week's podcast episode to hear from one of this year's Spotlight on Dyslexia Speakers! Join host Dr. Terrie Noland, CALP and guest, Kathleen Seeman, as they share how creating a welcoming and calm reading environment can transform students' learning experiences, especially those with reading trauma. Learn how audiobooks can foster a love for reading and build confidence in students. Want to catch Kathleen's SPOD session? Check out SPOD on demand! Use the login link sent to your email. Don't have a ticket? Register here! This episode was edited and produced by Rachel Huber and Elizabeth Zwerg.

Adam Feldman watches Supreme Court trends: voting blocs both usual and unusual, numbers of concurring and dissenting opinions, and other analytical ways of predicting outcomes. In our discussion, we cover:Recent polls disapprove of how the Supreme Court “is handling its job.” What does “handling its job” mean? Does it mean outcomes, or the decision-making process? And how does Adam rate how the Supreme Court is handling its job?Is this a 6-3 court? Or a 3-3-3 court?Is it fair to group justices along lines of “institutionalist” and “non-institutionalist,” as some experts have done?We then tee things up to do a round up of the 2023-2024 term.Adam Feldman biography, LinkedIn profile, and Twitter feed.Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.Sign up for Not To Be Published, Tim Kowal's weekly legal update, or view his blog of recent cases.The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext's newest technology, CoCounsel, the world's first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.Other items discussed in the episode:Empirical SCOTUS, https://empiricalscotus.com/Videos from this episode will be posted at Tim Kowal's YouTube channel.Legal Data Analytics | Optimized Legal Solutions (feldyfied.wixsite.com)

A ransomware attack hit the Los Angeles County Superior Court in July 2024, affecting e-filing services. Did you miss a filing deadline because of this? We discuss two Rules of Court that could help.We also cover:Are anti-SLAPP orders “judgments”?Court of Appeal to litigants: Your adverbs are unwelcome here. Ok to say “The order is erroneous.” But not “The order is transparently erroneous.”Appeal might be actually late, but constructively on time.Two anti-tax initiatives struck down: one too broad, the other too narrow.On HOA Christmas party ban, a split 9th Cir. panel with three opinions.If you are “seriously annoying” you can get hit with a restraining order, but not for being regular annoying.Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.Sign up for Not To Be Published, Tim Kowal's weekly legal update, or view his blog of recent cases.The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext's newest technology, CoCounsel, the world's first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.Other items discussed in the episode:Lawyer Toolkit: Untimely Appeals May Be Excused If There Was a Mishap with E-Filing, discussing Garg v. Garg (2022) 82 Cal.App.5th 1036, 1041–1042Are Anti-SLAPP orders “judgments”? Wastexperts, Inc. v. Arakelian Enters. (D2d4 Jul. 11, 2024 No. B325299) [pub. opn.] (Tim's writeup)Late appeal deemed constructively filed on time, In re Santos (D5 Jun. 6, 2024 No. F087859) [nonpub. opn.] (Tim's writeup)Keeton v. Tesla, Inc.: arb-killer late-fee penalty NOT preempted by FAALegislature v. Weber: Tax initiative held invalid because too broadLoeber v. Lakeside Joint School District* Tax initiative held invalid because too narrowRead the full article at the

Previously in part one, criminal-defense attorney Don Hammond explained why, post-Bruen, states may no longer impose discretionary constraints in concealed-carry permitting regimes. But will that change after the Supreme Court's recent 8-1 decision in Rahimi, holding that a restraining order prohibiting a particularly violent actor from possessing firearms was consistent with the Second Amendment tests under Heller and Bruen? **Rahimi, when attempting to comport it with Heller and Bruen, **gets a bit confusing—so what are lower courts to do with it? But one thing Rahimi did emphasize is the actual violence Rahimi committed—so would California's authorization of disarming restraining orders merely to protect “mental calm” pass muster? Then we circle back and ask: if the Legislature amended the CCW laws to make nondisclosure a ground for denying a CCW, would that pass muster under Rahimi?The answer seemed easy a few weeks ago, but is suddenly a bit more difficult.Don Hammond's biography and LinkedIn profile.Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.Sign up for Not To Be Published, Tim Kowal's weekly legal update, or view his blog of recent cases.The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext's newest technology, CoCounsel, the world's first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.Other items discussed in the episode:Don Hammond, Bad facts make bad law: Rahimi, Daily Journal, Jun. 27, 2024New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U.S. 1 (2022)United States v. Rahimi, No. 22-915 (Jun. 21, 2024)E.g., Parris J. v. Christopher U., 96 Cal.App.5th 108, 116 (Cal. Ct. App. 2023)Tim's article, SCOTUS approves disarmament on restraining orders for “physical safety” but suggests limitsVideos from this episode will be posted at Tim Kowal's YouTube channel.

John Sylvester was the counsel of record in the controversial Abdelqader v. Abraham published opinion. In the previous episode we discussed why it was controversial. (Short version: because the Court of Appeal, sub silentio, thumbed its nose at the Supreme Court and concluded that a missing finding required by statute gives you a an automatic get-a-new-trial-free card.) In this second part of our discussion, we discuss analogous situations with the Racial Justice Act, and in the example of family law financial disclosures—where in a closely analogous situation the Court of Appeal held exactly the opposite of Abdelqader.John explains what attorneys are supposed to do with two conflicting authorities—with one of them being the Supreme Court. Hint: you have both arguments available to you, but as an attorney, unlike the Court of Appeal, when the Supreme Court has rejected your argument you have to say so.John Sylvester's biography and LinkedIn profile.Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.Sign up for Not To Be Published, Tim Kowal's weekly legal update, or view his blog of recent cases.The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext's newest technology, CoCounsel, the world's first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.Other items discussed in the episode:***Abdelqader v. Abraham***F.P. v. MonierMarriage of BurgerJeff and I recently discussed whether the Racial Justice Act is unconstitutional. (See Tim's writeup here.)Videos from this episode will be posted at Tim Kowal's YouTube channel.

John Sylvester was the counsel of record in the controversial Abdelqader v. Abraham published opinion. Why was it controversial? Because the Court of Appeal thumbed its nose at the Supreme Court, which had held in F.P. v. Monier that just because the trial judge forgets to make a required written finding you don't get an automatic get-a-new-trial-free card. Abdelqader held that, in custody matters, you do get an automatic get-a-new-trial-free card.In this first part of our discussion, John lays out the all-important statement of decision process, and the constitutional mandate that led the Supreme Court to hold that a defective statement of decision doesn't give you an automatic get-a-new-trial-free card.That sets up part two of our discussion in the next episode in which we discuss analogous situations with the Racial Justice Act, and in the example of family law financial disclosures—where in a closely analogous situation the Court of Appeal held exactly the opposite of Abdelqader. John explains what attorneys are supposed to do with two conflicting authorities—with one of them being the Supreme Court.John Sylvester's biography and LinkedIn profile.Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.Sign up for Not To Be Published, Tim Kowal's weekly legal update, or view his blog of recent cases.The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext's newest technology, CoCounsel, the world's first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.Other items discussed in the episode:***Abdelqader v. Abraham***F.P. v. MonierMarriage of BurgerJeff and I recently discussed whether the Racial Justice Act is unconstitutional. (See Tim's writeup here.)Videos from this episode will be posted at Tim Kowal's YouTube channel.

Every attorney has felt the concern over a growing receivable, and the frustration of a nonpaying client. In the continuation of our discussion in the last episode, Carl Mueller shares his top 10 tips to avoid them and win them. The tips include:See a “red flag”? Trust your gut, and run.Check your retainer agreements for compliance with Business and Professions Code sections 6146, 6147, and 6148. And fully describe your financial arrangement, including rate increases and trial deposits.Did you make important case disclosures to the client on a phone call? Put that in your billing statement. The client will be deemed to have acknowledged you made the disclosures.Before sending you the fee arb notice, be aware of the one-year malpractice statute of limitations!Carl I. S. Mueller's biography, LinkedIn profile.Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.Sign up for Not To Be Published, Tim Kowal's weekly legal update, or view his blog of recent cases.The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext's newest technology, CoCounsel, the world's first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.Other items discussed in the episode:Videos from this episode will be posted at Tim Kowal's YouTube channel.

Every attorney has felt the concern over a growing receivable, and the frustration of a nonpaying client. Carl Mueller litigates these billing disputes and explains what attorneys should know to avoid them and to win them:All the billing disputes are basically the same, so…Spot the “red flags.” (You know what they are.)If you do get into a dispute, know the 2021 Pech v. Morgan case—and get an expert. We discuss.Haven't brushed up on Business and Professions Code sections 6146, 6147, and 6148 in a while? Read them. Do them. An ounce of prevention is worth a pound of cure.In the next episode, we will cover Carl's top 10 tips for avoiding a fee dispute.Carl I. S. Mueller's biography, LinkedIn profile.Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.Sign up for Not To Be Published, Tim Kowal's weekly legal update, or view his blog of recent cases.The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext's newest technology, CoCounsel, the world's first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.Other items discussed in the episode:Pech v. Morgan (2021) 61 Cal.App.5th 841Videos from this episode will be posted at Tim Kowal's YouTube channel.

Appellate justices' research attorneys are the ones advising the justices about your arguments and writing the opinions. We discuss 10 tips offered at a recent Orange County Bar Association event. Here is a taste:

Last time, we set the table with special-education attorney Tim Adams to discuss the big 9th Circuit win for parents of kids with IEPs (individualized education protocols). Now we dig in to Irvine Unified School District v. Landers and Gagliano.After covering the fact that the school district, to get out of helping a dyslexic student get the help she needed, spent over $1.13 million on its attorneys in over five-years of litigation involving a “trial by experts.” In this discussion, Tim Adams explains that IEPs are a constitutional right, so school districts are not legally permitted to consider their costs. Yet school district spokespersons take to the press to decry how these lawsuits are breaking the bank. So what is going on here?Tim Adams' biography.Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.Sign up for Not To Be Published, Tim Kowal's weekly legal update, or view his blog of recent cases.The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext's newest technology, CoCounsel, the world's first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.Other items discussed in the episode:Irvine Unified School District v. Landers and Gagliano, No. 22-55286Why One School District Spent $1 Million Fighting a Special-Education Student - WSJEpisode 69, Special Education Law with Tim AdamsVideos from this episode will be posted at Tim Kowal's YouTube channel.

A big 9th Circuit win for parents of kids with IEPs (individualized education protocols) came down recently, and the prevailing attorney is podcast alum Tim Adams.In the first of this two-part discussion, we set the table to discuss Irvine Unified School District v. Landers and Gagliano. For example, to understand why parents trying to help their dyslexic daughter needed to make a federal case out of it, you should know:

Are you expecting a lawsuit? And do you want to get that lawsuit into federal court? If your client is domiciled in California, you need to know about “snap removals.” If you get wind of the lawsuit before it is served, you might be able to defeat the removal-bar on home-state defendants.But don't commit a “super snap” removal. That's when you remove before the complaint is officially filed. The 9th Circuit just rejected those.We discuss Casola v. Dexcom, Inc., and how to learn about lawsuits before they are even filed.Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.Sign up for Not To Be Published, Tim Kowal's weekly legal update, or view his blog of recent cases.The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext's newest technology, CoCounsel, the world's first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.Other items discussed in the episode:Casola v. Dexcom, Inc., No. 23-55403 (9th Cir. Apr. 10, 2024)Videos from this episode will be posted at Tim Kowal's YouTube channel.

Racial minorities are sometimes removed from prospective juries—just like everybody else. But the Legislature is so concerned that this could happen on the (obviously improper) basis of race that the Racial Justice Act prohibits a challenge to a racial minority even on the basis of proper factors, such as lack of life experience. And if that happens, the Legislature has declared not only that this is against law, but operates as a get-a-new-trial-free card.But the California Constitution prohibits get-a-new-trial-free cards. Instead, no judgment may be reversed—even if the judgment is rife with error—unless the error results in a “miscarriage of justice.”Consider how these opinions might be reconciled:People v. Uriostegui (D2d6 Apr. 5, 2024 No. B325200) ___ Cal.App.5th ___ held violations of the Racial Justice Act are per se reversible.In People v. Simmons (2023) 96 Cal.App.5th 323, Justice Yegan argued in dissent that a attempting to bind the courts to a legislative definition of the constitutional term “miscarriage of justice” violates the doctrine of separation of powers.The Supreme Court in F.P. v. Monier (2017) 3 Cal.5th 1099 held that, although the Legislature mandates that trial courts make express findings on principal controverted issues, a court's failure to do so is not per se reversible because the Constitution first requires a finding that the failure worked a miscarriage of justice.In Abdelqader v. Abraham (Cal. Ct. App. Mar. 10, 2022 No. D078652) --- Cal.Rptr.3d ----, failure to make the statutorily-required findings under F.C. 3044 to support awarding custody to a person previously found to have committed domestic violence was per se reversible.In re Marriage of Steiner and Hosseini (2004) 117 Cal.App.4th 519 held that, although the Legislature purported to make inadequate disclosures in property-division cases per se reversible, the Legislature cannot provide “a ‘get-a-new-trial-free' card” in light of the constitutional requirement to show a miscarriage of justice.Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.Sign up for Not To Be Published, Tim Kowal's weekly legal update, or view his blog of recent cases.The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext's newest technology, CoCounsel, the world's first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.Other items discussed in the episode:Tim's writeup on Oriostegui, The Racial Justice Act Is Unconstitutional

Every day as an appeals lawyer brings new puzzles. But some puzzles repeat. So in this episode, we compile the top 10 tips dispensed regularly to trial attorneys working in family court. They include:

The U.S. Supreme Court provides awaited guidance on public officials' use of social media, and the California Supreme Court gives a cautionary tale about waiving the right to a jury trial. Jeff and I discuss:

Raffi Melkonian has argued and won in the U.S. Supreme Court, and started the #AppellateTwitter community of appellate attorneys on Twitter/X, where he has over 65,000 followers, and speaks and writes on appeals across the country. And Raffi is here to tell you that building a business on an appellate practice—even a very successful one—is very hard to do.We discuss his five observations about why a full-time appellate practice is hard:Breaking in to the practice is very hard.Don't expect to get full-time work writing appellate briefs—you're going to have to mix it up some in the trial court.Once you've done the very hard work modifying expectations and breaking into the practice, get ready: maintaining it full-time is even harder.Which is why you are going to have to make some trade-offs.The business of law was not designed with an appellate practice in mind, so doing high-end sophisticated appeals all the time is no one's idea of a sound business model.Raffi Melkonian's biography, LinkedIn profile, and Twitter/X feed.Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.Sign up for Not To Be Published, Tim Kowal's weekly legal update, or view his blog of recent cases.The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext's newest technology, CoCounsel, the world's first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.Other items discussed in the episode:Raffi's X thread, “5 ideas for law students and associates about appellate practice.”Videos from this episode will be posted at Tim Kowal's YouTube channel.

We discuss how to avoid appellate sanctions, and an unusually successful motion for reconsideration:$50k sanctions against appellant for blowing appellate procedure.Motion for reconsideration was untimely, but righteous. Trial judge did not take the Court of Appeal's hint, so writ issued. (But the trial judge was right to let the writ issue.)Anti-SLAPPs don't require a line-by-line list of allegations like regular strike motions. But there's a split on this.Do you need appellate specialization credits? Maybe not as many as you think if you use Lisa Perrochet's tip.We also discuss a case on the Racial Justice Act, a rare case reversed for lack of substantial evidence, and a Public Records Act case.Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.Sign up for Not To Be Published, Tim Kowal's weekly legal update, or view his blog of recent cases.The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext's newest technology, CoCounsel, the world's first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.Other items discussed in the episode:Attorney who ignored appellate rules hit with $50k in sanctions in Mandir, Inc. v. Tiwari (D4d3 Mar. 27, 2023 No. G060437) (nonpub. opn.)Denying an untimely but meritorious motion for reconsideration was reversible error  Contreras v. Superior Court (Champion Dodge, LLC) (D2d5 Feb. 16, 2024 No. B331737) [nonpub. opn.]Splitting from SLAPP precedent, appellate court holds you don't have to do a line-by-line list of allegations challenged in an anti-SLAPP motion Miszkewycz v. County of Placer (D3 Jan. 25, 2024 No. C095426).Racial Justice Act motion requires case-specific facts, not mere statistical analysis Austin v. Superior Court (D2d2 Jan. 25, 2024 No. E080939)Read the full article at the KowalLawGroup.com blog here

There are 30,000 law clerks in the U.S., and we have no good way to know to judge their experiences. So Judge Douglas Nazarian of the Appellate Court of Maryland—and board member of the Legal Accountability Project—asks judges everywhere to take the LAP Pledge. The Project hosts a growing database of survey responses from judicial clerks, but it needs judges to pledge that they will invite their clerks to fill out the surveys.Uncomfortable taking the pledge publicly? No problem: please invite your clerks to do the survey anyway.Why should you support the Legal Accountability Project? Judge Nazarian explains:The laudable work of gathering data to facilitate quality clerkships is nothing new. Law schools do it. But that means the data is fragmented and incomplete. The LAP centralizes it.The data is credible. Only confirmed clerks can submit surveys.The data is confidential. Only clerkship applicants can access it.Still, many clerks may feel insecure about submitting a survey without their judges' endorsement.If you are a judge, please sign the pledge, and encourage your feeder law schools to support the Legal Accountability Project's work.If you are a clerk or a former, submit a survey.If you are an attorney, tell your alma mater that, next time you sign a check, you'd like to know if they support the Legal Accountability Project.Judge Douglas R. M. Nazarian's biography, LinkedIn profile, and Twitter feed.Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.Sign up for Not To Be Published, Tim Kowal's weekly legal update, or view his blog of recent cases.The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext's newest technology, CoCounsel, the world's first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.Other items discussed in the episode:Legal Accountability ProjectLegal Accountability Project — Post-Clerkship SurveyEp. 39 and ep. 98 w/ Aliza ShatzmanVideos from this episode will be posted at Tim Kowal's YouTube channel.

You thought health and wellness was just for hippies, losers and weirdos. But you were wrong. Leslie Porter explains that if you are waiting for your health issues to become acute enough for a prescription, you are not at your best. Not only are you laying the groundwork for possible big problems down the road, you have lower energy, weakened drive, and diminished alertness.If you won't do it for yourself, get healthy to crush your enemies better.Leslie Porter's biography and LinkedIn profile and email, leslie@leslieporter.com  Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.Sign up for Not To Be Published, Tim Kowal's weekly legal update, or view his blog of recent cases.The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext's newest technology, CoCounsel, the world's first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.Other items discussed in the episode:Videos from this episode will be posted at Tim Kowal's YouTube channel.

Next time your opposing counsel takes issue with something you say, don't be surprised to find a complaint in the next filing citing to rule 8.3 of the Rules of Professional Conduct—the new “snitch rule.”There are about a dozen terms of legal art in the snitch rule, so we asked Judge Meredith Jury (Ret.) and Certified Bankruptcy Specialist Stella Havkin what they mean:If you arguably misstate fact or law, is that a reportable event? Answer: Assume it is.What will this do to collegiality in the profession? Answer: Nothing good.If a partner committed indiscretions with the trust account, does it matter that you didn't know about it? Answer: Don't count on it.Every other state already has a snitch rule. How much guidance do they provide on its application? Answer: Very little.Will the snitch rule drive in reports to prevent Girardi-type scandals? Answer: The Bar had received some 200 reports about Girardi, so it's unclear what more reports would have done.But the snitch rule is a good idea, right? Answer: Check back in after a few years.And something you probably didn't know: The reason California doesn't follow the ABA Model Rules is because they are rules of ethics, where California's Rules are rules of discipline. We discuss the difference in theory (interesting!) and the difference in application (not much, actually).Judge Meredith Jury's (Ret.) biography.Bankruptcy Specialist Stella Havkin's biography and LinkedIn profile.Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.Sign up for Not To Be Published, Tim Kowal's weekly legal update, or view his blog of recent cases.The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext's newest technology, CoCounsel, the world's first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.Other items discussed in the episode:Rules of Professional Conduct, rule 8.3, “Reporting Professional Misconduct”Ethics Spotlight: The New ‘Snitch Rules', California Lawyers Association, Nov. 2023.Videos from this episode will be posted at Tim Kowal's YouTube channel.