Scholarly Articles
Daniel Lee Jacobson, the principal of Jacobson & Associates authors scholarly articles for The Los Angeles Daily Journal and The San Francisco Daily Journal, California’s newspapers of record for the legal community. He has also authored articles for California Lawyer, the magazine of record for the California legal community, Orange County Lawyer and other publications. Mr. Jacobson has also co-authored a text for Lormans Educational Services.
To read any of these articles, just click on the title below. (The article with a “*” next to it is unavailable.)
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"California Supreme Court Declares No Fault Indemnity" Orange County Lawyer June, 2009 page 35. An analysis of the Supreme Court's decision in Crawford v. Weather Shield. "Contracting Clarity" 04/15/09 The Daily Journal page 7. An analysis of implied contractual indemnity with an emphasis on the question of whether it sounds in contract. "This Time It's Personal" 03/31/09 The Daily Journal page 7. An analysis of California and Constitutional law regarding specific personal jurisdiction as opposed to general personal jurisdiction. "Get It in Writing" 05/06/08 The Daily Journal page 7. An analysis of California's statute of frauds. "The Legislature Has To Change The Delegate Selection Process" 02/01/08 The Daily Journal page 6. An analysis of the Constitutional limitations and requirements applicable to States for their selection of delegates to the Electoral College. "A Brief History of Time Limits" 06/06/07 The Daily Journal. An analysis of the history, purposes, definition, and applications of statutes of limitations. "Insurer Learns It Can't Wriggle Out of Its Duty to Defend" 09/29/06 The Daily Journal. An analysis of The Standard Fire case, in which the California Court of Appeal defined "occurrence" in the context of an occurrence-based insurance policy, thus distinguishing such a policy from an claims-made insurance policy. "Bad Faith Can Pierce Corporate Shield" 07/06/06 The Daily Journal page 9. An analysis of the equitable doctrine of alter ego and how it does and doesn't get passed the corporate shield to the shareholders' personal assets. "Is the Billable Hour Running Out of Time" April, 2006 California Lawyer. An analysis of the surprisingly short dominion of the hourly billing system, and a look into the future of it and other attorney fee billing systems “Academic Senates Have Role in Designing Hiring Policies” 9/1/05 The Daily Journal. An analysis of the legal character of California’s Community College Academic Senates. “Absence of Prevailing Party Won’t Preclude Lawyer Fees” 05/23/05 The Daily Journal. An analysis of California law regarding fee shifting in contract litigation. “Law Schools Need to Teach Statutory-Construction Rules” 12/10/04 The Daily Journal. An analysis of the law of statutory interpretation. “Courts Differ Over Who Can Sue for Construction Defects” 07/08/04 The Daily Journal. An analysis of the differing views amongst California’s Courts of Appeal regarding the accrual in tort of a construction defect action. “Dogs are Humans’ Best Friend, Not Best Evidence” 04/22/04 The Daily Journal page 7. An analysis of statutory law, common law, and Constitutional law regarding dog tracking evidence. “Burden of Proof, Producing Evidence Have Distinct Roles” 03/10/04 The Daily Journal page 7. An analysis of California evidence law related to the rules and effect of the dual burdens of proof and of producing evidence. “Wildfire Victims May Sue for Fire-Protection-Related Defects” 12/12/03 The Daily Journal page 7. An analysis of the effect of the destruction by fire of a house that is or could become the subject of a construction defect suit. “Privileges are not Just About Excluding Testimony” 10/06/03 The Daily Journal page 7. An analysis of the nature of legally recognized confidentiality. “Understanding of History of Contract Interpretation Can Benefit Attorneys” 06/02/03 The Daily Journal page 7. An analysis of the rules of contract interpretation, with an emphasis on the historical development of those rules. “New Construction Defect Law to Have Profound Effect on Litigation” 12/02 Orange County Lawyer. An analysis of California’s complex statutory scheme for the litigation of construction defect claims involving new houses sold on or after 01/01/03. “Whether New Law Applies Retroactively is Open Question” 10/07/02 The Daily Journal ; and 03/24/03 Real Estate Journal under title “Retroactive Effect of Unlicensed Contractor Law Unclear”. An analysis of certain strong legislative punishments for unlicensed building contractors, and an examination of California law regarding the retrospective application of a new statute. “To Answer the Question . . . or Not?” 06/02 Orange County Lawyer page 32. An analysis of the law governing the behavior of counsel and parties at depositions. “Crucial Provisions, Enforcing Construction-Contract Indemnity Clauses” 01/14/02 The Daily Journal ; and 1/14/02 Real Estate Journal under title “Enforcing Construction Contract Indemnity Clauses”. An analysis of the law governing express indemnity in construction contracts. “Wait and See, No Tort Recovery for Defects Not Yet Resulting in Damage” 01/08/01 The Daily Journal page 7. An analysis of the California Supreme Court’s distinction between contract and tort remedies. “California’s Grandparents’ Rights” 10/00 Orange County Lawyer page 40. An analysis of the U.S. Supreme Court’s decision in Troxel v. Granville and that decision’s affect on the visitation rights of California grandparents. (Cited as a point of Constitutional Law at Davis, “Non-Parent Visitation Statutes: Was Troxel v. Granville Their Death Knell?” 23 Whittier L. Rev. 721, 754.) “Digital Pen” 08/28/00 California Business supplement to The Daily Journal. An analysis of the Federal “electronic signature” statute. * “I Declare Under the Penalty of Perjury that the Foregoing Arguments and Opinions are True” XXXVIII #1 Dicta page 13. A discussion of the uses and misuses of declarations.
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