Last updated on April 28, 2026 by Tim Kowal
Justice Ming Chin wrote more majority opinions in his first decade on the California Supreme Court than any colleague—then retired to discover that mediation feels a lot like his first judicial assignment in family law, where the goal was bringing people together rather than telling them what to do. Justice Ming’s biggest pet peeve as...
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Last updated on April 1, 2026 by Tim Kowal
The law is riddled with things "everybody knows" that aren't actually true. In this April Fool's-themed episode, Tim Kowal and Jeff Lewis discuss several legal myths, half-truths, and courtroom fictions—from rules of evidence to constitutional assumptions to a Scopes Monkey Trial mythology that is more Hollywood script than record. Key points: Miranda warnings aren't in...
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Last updated on March 25, 2026 by Tim Kowal
David Lat—founder of Above the Law and author and host of Original Jurisdiction blog and podcast—explains what these stories reveal about a legal profession navigating ideological warfare, economic disruption, and the enduring craft of persuasion. Paul Clement delivered what SCOTUSblog called "a master class in oral argument" in Trump v. Cook. Lat dissects what made...
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Last updated on March 19, 2026 by Tim Kowal
wo explosive First Amendment cases from the Ninth Circuit—culture-war flashpoints are reshaping speech & religious-freedom doctrine… and judicial decorum. In B.B. v. Capistrano Unified, the court held that elementary students have enforceable free speech rights under *Tinker*, vacating summary judgment after a first grader was disciplined for giving a classmate a sweet drawing that ran...
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Last updated on March 10, 2026 by Tim Kowal
Justice Kagan has more words about the emergency docket aka shadow docket. This one is about the 9th Circuit panel injunction of California's law requiring school officials not to share with parents when their children present as trans. The Supreme Court keeps the injunction in effect. And on the fee award front, big firms don't...
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Last updated on March 3, 2026 by Tim Kowal
Three paradoxes feature in this episode: Paradox 1: You must disclose a bankruptcy stay to the Court of Appeal. What about a bankruptcy that does not create a stay? Answer: Yes, the disclose-bk-stay rule also means disclose a bk non-stay. Paradox 2: Deadbeat dad owes $500k. He settles and agrees to pay $250k. How much...
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Last updated on February 24, 2026 by Tim Kowal
In Part 2 of our conversation with Michael Shipley, Tim and Jeff dig into the real-world fallout of California's no-horizontal-stare-decisis rule — and the structural fix Shipley has been developing to address it.Shipley walks Tim and Jeff through his proposed "mini-en banc" transfer mechanism — a way for the California Supreme Court to empower a...
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Last updated on February 18, 2026 by Tim Kowal
California is the largest common-law jurisdiction where appellate courts don't follow each other—and it happened by accident. In Part 1 of this two-part episode, Michael Shipley explains how Bernard Witkin’s treatise reflections on case dicta became binding law, why the federal circuit model works differently, and what the rule costs practitioners and trial judges every...
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Last updated on February 10, 2026 by Tim Kowal
Is your AI training data biased? And is using AI-generated reasoning plagiarism? James Mixon, Managing Attorney at California's Second District Court of Appeal, covers troubling topics on how lawyers should, and should not, use AI. In this second part of Tim and Jeff’s conversation, James discusses how we can detect and counteract bias baked into...
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Last updated on February 5, 2026 by Tim Kowal
In the first half of their conversation with James Mixon, Managing Attorney at California's Second District Court of Appeal, Tim Kowal and Jeff Lewis ask what is healthy AI use, and unhealthy use? To help organize—yes! To replace judgment—no! Tip: When an attorney does not read AI output before filing a brief, expect sanctions. Disclaimer:...
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Last updated on January 28, 2026 by Tim Kowal
Lemon Law lawyer Michelle Fonseca-Kamana discusses the seismic shifts in California lemon law—from the Supreme Court's decision in Rodriguez v. FCA US LLC (October 31, 2024) 17 Cal.5th 189 that effectively eliminated most used car claims, to the explosion in case filings (from 4,500 in 2015 to over 22,000 in 2023), to new legislative reforms under...
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Last updated on January 20, 2026 by Tim Kowal
You have to literally disobey an order in California to be held in contempt. But federal courts are a little more touchy-feely: they will find a contempt for violating the “spirit” of their orders. Tim and Jeff compare the Ninth Circuit's contempt finding against Apple in the *Epic Games* dispute, and a state litigant who...
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Last updated on January 7, 2026 by Tim Kowal
California’s New Legal Rules for 2026: AI, Photo Proof of Service, and Simpler Statements of Decision New statutes and court rules taking effect in 2026 and 2027 will change how California lawyers serve papers, preserve appellate issues, and disclose their use of artificial intelligence. Appellate attorneys Tim Kowal and Jeff Lewis focus on what actually...
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Last updated on December 30, 2025 by Tim Kowal
AI-sanctions might get eyeballs, but the bigger sanctions are still for plain old bad lawyering. Jeff also raises this ethical and pragmatic question: who defends the lawyer when sanctions threaten the client? Should counsel facing an OSC retain separate counsel for the sanctions component to avoid divided attention and better protect client interests? What if...
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Last updated on December 19, 2025 by Tim Kowal
A scandalous Netflix documentary called an unconventional sex-based therapy business an “orgasm cult,” all based on a sole source whose account has several flaws. But the Court of Appeal dismissed the defamation case on anti-SLAPP grounds. Tim and Jeff discuss whether any California defamation case against a media company could survive the one-two punch of...
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Last updated on December 4, 2025 by Tim Kowal
Want to know why bad AI cites really bother the courts? Jeff and Tim discuss two recent fake-AI-cites cases imposing sanctions and State Bar referrals, and draw this conclusion: It’s not that AI is bad at law—in one of these cases, the court noted that none of the AI mistakes even went in the direction...
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Last updated on November 12, 2025 by Tim Kowal
The California Supreme Court’s long-awaited "Taking Offense" decision on gender pronouns in elder care facilities introduces a new “captive audience” exception to the First Amendment. Tim worries this new judicial carve out may creep to other forums; Jeff is unperturbed. Tim also shares insights from the Federalist Society National Conference, before examining a significant appellate-fee...
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Last updated on November 5, 2025 by Tim Kowal
Jimmy Azadian is often in the room when federal judges get together to share their personal concerns about the job. When judges are asked to come speak to a group, Jimmy reports that top of mind are the recent threats to judges and the courts—whether from armed vigilantes, protesters, students, or senators. Jimmy, Tim, and...
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Last updated on October 30, 2025 by Tim Kowal
AI Reshapes Legal Practice: ClioCon 2025 Delivers a Wake-Up Call Jeff Lewis reports from the 2025 Clio Cloud Conference in Boston. Day 1 was encouraging, but Jeff reports feeling Day 2 as a “gut punch”: within about 5-10 years, many fundamentals of legal practice will be unrecognizable. Here are a few ways legal industry leaders...
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Last updated on October 23, 2025 by Tim Kowal
Few lawyers and LRW instructors write and think more about AI than Professor Jane Woods of Mizzou Law, who offers this most important AI advice: If you haven’t read the case, don’t cite the case. Jeff thinks our business and even this podcast will be aped by robots by this time next year. Until then,...
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Last updated on October 14, 2025 by Tim Kowal
Just a couple years ago when we talked with Ernie Svenson, the attorney who talks tech fluently, AI was not even a thing. Now in late 2025, it’s the only thing. Ernie joins Tim and Jeff to discuss the rapidly evolving landscape of AI in legal practice, why AI gives small firms an advantage, and...
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Last updated on October 7, 2025 by Tim Kowal
Teaching Judges: Appellate Expert Cherise Bacalski on Brief Writing and the Human Side of Law In this compelling episode, Tim Kowal interviews Cherise Bacalski, a Western United States appellate specialist and writing coach at NYU Law's New Appellate Judges Program, about her insights from both sides of the bench and how her background in rhetoric...
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Last updated on September 17, 2025 by Tim Kowal
Appealing in the 9th Circuit? Your deadline is 30 days. Don’t let Rule 58’s “separate document” extension lead you astray. Appellate specialists Tim Kowal and Jeff Lewis also discuss ChatGPT 5 (a “market disruptor”), and sanctions strategies in federal court. And more practical insights on navigating procedural pitfalls, avoiding sanctions, and ethically incorporating AI tools...
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Last updated on September 9, 2025 by Tim Kowal
Failing to cite your secondary sources in briefs is poor form. But is it plagiarism? Jeff and Tim debate. And when the Supreme Court The publishes a case, should it explain itself? PJ Gilbert and Tim say yes, Supreme Court and Jeff disagree. Also in this episode: Tune in for AI ethics, briefing blunders, and...
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Last updated on August 26, 2025 by Tim Kowal
Patrick Hagen is a man of the people—he still proudly uses Times New Roman! But he also has the ear of LinkedIn’s legal-writing elite, with over 36,000 followers as of August 2025. Patrick sits down with Jeff and Tim to share the source and method behind his viral legal-writing tips, how his judicial clerkships shaped...
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Last updated on August 20, 2025 by Tim Kowal
Unlike any other state, California effectively deputizes employees to act as “Private Attorney Generals” to sue employers for PAGA claims—both for themselves, and for their co-workers. But since the individual claims can get compelled to arbitration, employees started to file claims only on behalf of the “body” of co-workers, asserting no claim on behalf of...
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Last updated on July 23, 2025 by Tim Kowal
Summarizing the extraordinary events surrounding the 2020 election, the California State Bar Court’s review decision issued a decision in June 2025 recommending that President Trump’s election attorney, John Eastman, be disbarred. Tim and Jeff unpack. Jeff and Tim (nervously) debate the implications of the ruling. Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter...
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Last updated on July 16, 2025 by Tim Kowal
SCOTUSblog contributor and EmpiricalSCOTUS analyst Adam Feldman joins us for a recap of the 2024–25 Supreme Court term. We dive into the end-of-term Stat Pack, ideological surprises, dissent patterns, and whether the Court is still a 6–3 conservative lock—or something more nuanced. We discuss: Tune in to learn how to read between the majority lines—and...
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Last updated on July 8, 2025 by Tim Kowal
Mere days after SCOTUS enjoins universal injunctions, judges find other way to afford “complete relief.” A big one: The Administrative Procedure Act allows courts to enjoin agency actions. Also: What if a defendant does not want a co-defendant dismissed and relieved of liability? The California Supreme Court says co-defendants can oppose each other’s MSJs in R&D...
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Last updated on June 30, 2025 by Tim Kowal
No more nationwide injunctions, SCOTUS says Justice Barrett writing for the 6-3 majority in Trump v. CASA. District courts must limit their injunctions to the “case or controversy” before it. Justices Sotomayor and Jackson each wrote dissents urging that more judicial power was needed to check the executive. In response, Justice Barrett says that exceeding...
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