2009 Article Index

Index to Articles Appearing in Volume 51, 2009
Orange County Lawyer Magazine

As a service to our readers, follows an index to Features, Special Features, Columns, and select Departments appearing in calendar year 2009. The Index is arranged alphabetically by major article topic, then alphabetically within that topic. (Please refer to our online newsletter for Indexes 2006, 2007, and 2008.)


  • Navigating Between Bankruptcy and Criminal Concerns in the Face of the Mortgage Meltdown, by Steven J. Katzman, March p.11

Constitutional Law

  • Point/Counterpoint: President Lacks Authority to Suspend the Constitution, by Dean Erwin Chemerinsky; The Enemy Among Us, by John C. Eastman, May p.10

Construction Litigation

  • California Supreme Court Declares No Fault Indemnity, by Daniel Lee Jacobson, June p.35

Corporations and Business Entities

  • Avoiding Corporate Dissolution Under Section 2000 of the Corporations Code, by Douglas B. Davidson and Michael G. Balmages, June p.22

Courts, Including News and Recent Opinions

  • Court News Update, by Sheila Recio, January p.14
  • Cover Story: A New Courthouse in “Downtown Orange County” for the Fourth District Court of Appeal, Division Three, by Nathan Scott, September p.8
  • Options with Merit, by Hon. Sheila Fell, December p.10
  • Recent Opinions in Civil and Domestic Relations Law from the California Court of Appeal, Fourth District, Division Three—Part I, by Matthew K. Ross, August p.26
  • Recent Opinions in Civil and Domestic Relations Law from the California Court of Appeal, Fourth District, Division Three—Part II, by Matthew K. Ross, September p.28
  • Recent Opinions in Civil and Domestic Relations Law from the California Court of Appeal, Fourth District, Division Three—Part III, by Matthew K. Ross, October p.30
  • Recent Opinions in Civil and Domestic Relations Law from the California Court of Appeal, Fourth District, Division Three: Part IV—Real Property Finance through Unfair Competition/Consumer Remedies, by Matthew K. Ross, November p.30
  • A True Courtroom Gallery: The Court of Appeal Celebrates Student Artwork Honoring Local Legal History, by Nathan R. Scott, December p.23

Criminal Law

  • BUI Brew Ha Ha, by David J. Salvin, February p.38
  • Spit and Acquit: Legal and Practical Ramifications of the DA’s DNA Gathering Program, by Elizabeth Jones and Wallace Wade, September p.18
  • Taking the Mystery Out of Criminal Writ Practice, by Charlene Wooden-Kobrine, March p.18

Dispute Resolution—Arbitration and Mediation

  • 10 Tips to Make Mediation Work, by Alexander S. Polsky, February p.30
  • Arbitration of Disputes Over Illegal Contracts: Who Decides the Defense of Illegality—The Court or Arbitrator, by Jeffrey A. Robinson, October p.18
  • Better Late Than Never! The New Court Approved Mediation Program Relaunches, by Hon. Kirk H. Nakamura, February p.34
  • Clever Hans and the Importance of Mind-Set in Mediation, by Fred T. Ashley, October p.23
  • Deal or No Deal—Prevent Your Mediated Settlement from Being Just Another Round of Litigation, by William J. Caplan, March p.35
  • Ethically Speaking: Favoring Arbitration: The California Supreme Court’s Ruling in Schatz v. Allen Matkins, by Jennifer Bagosy, May p.40
  • Judicial Review of Arbitration Awards on Their Merits: A New Hybrid Solution Appears, by Frank Cronin, December p.18
  • Mandatory Mediation Provisions May Trap Unwary Defendant Prevailing Parties, by Daniel M. Livingston, August p.10
  • An Overview of Mediator Disclosure and Disqualification Issues in Court-Connected Mediation, by Suzanne V. Chamberlain, April p.31
  • When One Party Bails in Private Arbitration, by David R. Flyer, January p.34

Ethics and Professional Responsibility

  • Ethically Speaking: 2008 Ethics Round-Up, by the OCBA’s Professionalism and Ethics Committee, January p.46
  • Ethically Speaking: Bak to Inadvertent Disclosure Basics, by Peter J. Wilson and Nicholas D. Mosich, June p.43
  • Ethically Speaking: Ethics Opinions Provide Guidance in Resolving Attorneys’ Fee Issues, by Carole J. Buckner, February p.44
  • Ethically Speaking: Law Firm Disqualified Despite Advance Conflict Waiver and Ethical Wall, by David Stein, April p.38
  • Ethically Speaking: Limited Scope of Representation: A Caveat, by Howard J. Klein, July p.43
  • Ethically Speaking: Proposed Changes to Trust Accounting Rule Will Reduce Discipline Risk, But May Create Traps, by Joel M. Pores, November p.42
  • Ethically Speaking: Testing Loyalty’s Limits—Thoughts on the Proliferation of Advance Waivers, by Robert K. Sall, October p.42
  • Ethically Speaking: United States v. Ruehle: An Example of the Frailty of California’s Presumption of Attorney-Client Confidentiality, by Scott B. Garner and Isabelle M. Carrillo, December p.28
  • Ethically Speaking: Who Ya Gonna Call?—A Primer on Ex Parte Contacts with Adverse Parties, by Robert K. Sall, March p.42

Family Law

  • Ethically Speaking: Ethical Issues Involving Minor’s Counsel, by Michael A. Morris and John R. Denny, August p.34
  • Executive Divorce, by Lisa Hughes, January p.20
  • Has the Family Law System Reached a Tipping Point?, by Terri Breer, March p.23

Humor and the Law

  • A Criminal Waste of Space: Cap’n Crunch and the Other Terrorists, by Justice William W. Bedsworth, August p.42
  • A Criminal Waste of Space: Cash and Marry, by Justice William W. Bedsworth, November p.47
  • A Criminal Waste of Space: Crime and Punishment, by Justice William W. Bedsworth, January p.54
  • A Criminal Waste of Space: It’s Alright Ma (I’m Only Bleeding), by Justice William W. Bedsworth, May p.44
  • A Criminal Waste of Space: Judge-Mental,  by Justice William W. Bedsworth, October p.50
  • A Criminal Waste of Space: MCLEmentary, by Justice William W. Bedsworth, February p.50
  • A Criminal Waste of Space: More Things Beds Doesn’t Understand, by Justice William W. Bedsworth, March p.48
  • A Criminal Waste of Space: The Moving Blues, by Justice William W. Bedsworth, June p.46
  • A Criminal Waste of Space: Poof, The Magic Goat Man, by Justice William W. Bedsworth, April p.44
  • A Criminal Waste of Space: Take Me Out to Divorce Court, by Justice William W. Bedsworth, December p.45
  • A Criminal Waste of Space: A Ticket to Walk, by Justice William W. Bedsworth, July p.46
  • A Criminal Waste of Space: What I Did on My Summer Vacation, by Justice William W. Bedsworth, September p.45
  • Millar’s JurisDiction: Baad Cases Make Baad Law, by Richard W. Millar, Jr., February p.14
  • Millar’s JurisDiction: The Costs of Love: Affairs of the Heart and Other Organs, by Richard W. Millar, Jr., April p.29
  • Millar’s JurisDiction: A Court Finds a Complaint Not Up to Par, by Richard W. Millar, Jr., September p.43
  • Millar’s JurisDiction: Crunched and Thrown for a Loop: Two Cases Get Dismissed, by Richard W. Millar, Jr., December p.40
  • Millar’s JurisDiction: Don’t Like the Questions: Sue the Questioner, by Richard W. Millar, Jr., July p.40
  • Millar’s JurisDiction: Rabbits, Hats and Disappearing Trials, by Richard W. Millar, Jr., May p.38
  • Millar’s JurisDiction: Taking It Out in Trade: A Lawyer Draws a Suspension, March p.40

Immigration Law

  • Ethics in Immigration Law, by David Raft, February p.24
  • Immigration Law for the Non-Immigration Lawyer: What You Need to Know, by Mitchell L. Wexler and J. Ira Burkemper, April p.18
  • The U VISA: A Tool for Law Enforcement and an A Venue of Hope, by Juan A. Laguna, January p.27

Intellectual Property

  • Applying the Apportionment Theory in Copyright and Trademark Cases Involving Apparel and Retail Defendants, by Scott P. Shaw, July p.18
  • Domain Name Mania—Managing the Mayhem, by Catherine Holland, July p.28
  • The Ineffectiveness of DRM, by David Choi, July p.14
  • The Patent Reform Humbug, by John J. Connors, July p.32
  • The Pitfalls of a Provisional Application for Patent, by Marin Cionca, July p.10

International Law

  • Mexico’s Twin Challenges: Reforming Its Criminal Justice System and Combating Drug-Cartel Violence, by David Brennan, January p.38
  • The Pile-up at the Intersection of Electronic Information, Foreign Privacy Laws, and U.S. Litigation: The Modern Plight of the Multinational Corporation, by Mark L. Smith, November p.22

Labor and Employment

  • BlackBerrys on the Beach: A Ripening Concern for Employers, by Anthony J. Oncidi and David Gross, January p.10
  • A Brave New World of Executive Compensation, by D. Chad Anderton, September p.35

Legal Education

  • From Bulldozers and Bricks to Books: Penelope Bryan is Whittier’s New Dean, by Richard W. Millar, Jr., November p.41
  • Meet Western State University College of Law’s New Dean: William E. Adams, Jr., by Richard W. Millar, Jr., June p.14
  • Western State Receives Full A.B.A. Accreditation and Now Looks to the Future, by Richard W. Millar, Jr., October p.10

OCBA Awards, Goals, Outreach, Pro Bono, Committees, Etc.

  • Behind the Scenes: Appellate Law Section, by Nathan R. Scott, July p.38
  • Behind the Scenes: Bridging the Gap, by Steven G. Hittelman, June p.42
  • Behind the Scenes: OCBA Alternative Dispute Resolution Section, by Fred T. Ashley, August p.40
  • Behind the Scenes: OCBA Business Litigation Section, by Benjamin A. Nix, April p.43
  • Behind the Scenes: OCBA’s Community Outreach Committee, by R. Hillary Willett and Kenneth K. Wang, February p.42
  • Behind the Scenes: OCBA Corporate Counsel Section—A Vital Resource for Orange County In-House Counsel, by Wendy K. Peterson, October p.38
  • Behind the Scenes: OCBA Diversity and Access to Justice Committee, September p.42
  • Behind the Scenes: OCBA’s Education Committee, by Michelle Lents, November p.46
  • Behind the Scenes: On the Front Line with the Client Relations Committee, by William F. Zulch and Cameron M. Smith, March p.38
  • Behind the Scenes: Professionalism and Ethics Committee, by Scott B. Garner, December p.39
  • Behind the Scenes: The Role of the AoJ in the OCBA, by Suzanne V. Chamberlain, January p.18
  • Behind the Scenes: The Solo & Small Firm Section, by Neil Pedersen, May p.28
  • Cover Story: Franklin G. West Award Recipient Hon. Nancy Wieben Stock: Honoring Her Long Service to the Community, the Court, and the Cause of Justice, by Julie M. McCoy, February p.8
  • Cover Story: Michael G. Yoder—2009 OCBA President, by Richard W. Millar, Jr., January p.8
  • Cover Story: OCBA Charitable Fund 25th Anniversary Judge Kenneth Lae Golf Tournament, by Cathrine M. Castaldi, March p.8
  • Cover Story: The OCBA Salutes Our Veterans, by Richard W. Millar, Jr., November p.8
  • Cover Story: The OCBA’s Secretarial Candidates for 2010: Solange E. Ritchie and Wayne R. Gross, October p.8
  • Cover Story: OCBA Young Lawyers Division: Building a Foundation, by Christopher N. Andal, July p.7
  • Cover Story: Robert A. Von Esch, Jr. 2009 Harmon G. Scoville Award Honoree, by Joseph L. Chairez, May p.8
  • Cover Story: Who’s Who in the OCBA—The Affiliate Bars, June p.7
  • Cover Story: Who’s Who in the OCBA Part I, April p.8
  • A Growing Threat to the Social Safety Net in Orange County, by Kenneth W. Babcock, June p.10
  • President’s Page: As We Keep Up the Good Works, Let’s Find a Way to Do More, by Michael G. Yoder, October p.7
  • President’s Page: Back to the Future: Time for a Change, by Michael G. Yoder, June p.6
  • President’s Page: Court Closures: Coming Soon to Your Neighborhood, by Michael G. Yoder, August p.6
  • President’s Page: Diversity Requires Leadership, by Michael G. Yoder, July p.6
  • President’s Page: It’s Time to Choose Our Leaders—Don’t Sit on the Bench, by Michael G. Yoder, September p.7
  • President’s Page: Leadership Is a Social Activity, by Michael G. Yoder, April p.7
  • President’s Page: Leadership Through Service, by Michael G. Yoder, March p.7
  • President’s Page: The Loss of a Leader, by Michael G. Yoder, November p.7
  • President’s Page: Nature or Nurture: What Makes a Leader?, by Michael G. Yoder, February p.7
  • President’s Page: Our Profession’s Déjà Vu, by Michael G. Yoder, May p.7
  • President’s Page: Time to Lead, by Michael G. Yoder, January p.6
  • President’s Page: Wish I Could Have Done More—But You Can, by Michael G. Yoder, December p.7
  • Pro Bono Domestic Violence Restraining Order Case Proves Rewarding for Counsel and Client Alike, by Nicole R. Vanderlaan Smith and Mike W. De Vries, February p.10

Practice of Law, Including E-Discovery, and Related Issues

  • Beyond Briefing: Other Avenues of Appellate Advocacy, by Bill Ball, February p.18
  • California’s Electronic Discovery Act Becomes Law, by Catherine Valerio Barrad and Robert Holland, November p.18
  • Choose Your Law Practice Paradigm or It Will Choose You, by Edward J. Pallotta, Jr., June p.18
  • Cost of Conducting E-discovery May Decrease with Passage of New Rule of Evidence, by Nicholas M. Kouletsis, Jeffrey A. Carr, and Heather N. Oehlmann, May p.18
  • Federal Rule of Evidence 502: Getting to Know an Important E-Discovery Tool, by Gareth T. Evans and Farrah Pepper, November p.10
  • Marketing: The Ultimate Anti-Recession Tool, by Kevin W. Brown, June p.28
  • Test Your Court Calendaring IQ, by Joseph C. Scott, May p.35
  • Would You Benefit From a Professional Law Corporation?, by Carolyn M. Dillinger, May p.30

Real Estate

  • Stemming the Tide of Foreclosures—Recent Developments in Mortgage Foreclosure Litigation, by Benjamin N. Nix, August p.8

Securities Law

  • Crimes of Enrichment . . . No Need to Either Admit or Deny, by David R. Demurjian, April p.10
  • The Nuts and Bolts of Customer-Stockbroker Arbitration, by Dennis A. Stubblefield, December p.13


  • The Accountant’s Role with the Attorney in the Audit Process, by Gary L. Howard, CPA, March p.30

Torts and Related Issues

  • The Act of Unintended Consequences: The Consumer Product Safety Improvement Act of 2008, by Gary A. Wolensky and Elizabeth V. McNully, September p.10
  • When Can a Plaintiff Recover Future Replacement Cost Damages in a Breach of Warranty Case?, by Laura Hess, June p.38

Unfair Competition Law

  • The Changing Face of the UCL: Where Does It Stand on Standing?, by John B. Stephens and Todd G. Friedland, August p.18
  • Is the UTSA Swallowing the Law of Unfair Competition in California?, by Erik M. Andersen, August p.12

Veterans Law

  • The Promise of Veterans Court, by The Hon. Wendy S. Lindley, November p.29

The Orange County Lawyer magazine gratefully acknowledges the substantial research and organization of Terese Laubscher, a Student Extern of the magazine, and a third year law student at Chapman University School of Law. The Orange County Lawyer magazine also gratefully acknowledges Ms. Laubscher’s assistance in preparing similar Indexes for Years 2006, 2007, and 2008. These will be made available at the OCBA website in the near future.