Dan Jacobson, the principal of Jacobson & Associates, authors scholarly articles for<\/b> The Los Angeles Daily Journal <\/i>and <\/b>The San Francisco Daily Journal<\/i>, California\u2019s newspapers of record for the legal community. He has also authored articles for California Lawyer<\/i>, Orange County Lawyer<\/i> and other publications.<\/b> Mr. Jacobson has also co-authored a text for Lormans Educational Services.<\/b><\/p>\n
To read any of these articles, just click on the title below. (The article with a \u201c*\u201d next to it is unavailable.)<\/b><\/p>\n
*Jacobson, \u201cIs \u2018I was just following orders\u2019 a valid legal defense for military members?\u201d The San Francisco Daily Journal <\/i>and The Los Angeles Daily Journal<\/i>, January 14, 2026. From Nuremberg, through Mai Lai, and to today\u2019s military law on when a servicemember may, and when a servicemember must disobey an order.<\/p>\n
*Jacobson, \u201cThat masked man was not the Lone Ranger,\u201d The San Francisco Daily Journal <\/i>and The Los Angeles Daily Journal<\/i>, November 17, 2025, p. 6. A fulsome analysis of legal implications of the masking of ICE agents.<\/p>\n
Jacobson, \u201cHow Policy and History Shaped California\u2019s Care Courts<\/a>\u201d The<\/i> San Francisco Daily Journal <\/i>and The Los Angeles Daily Journal<\/i>, July 24, 2025. An analysis of the history, policies, and key substantive portions of California\u2019s probate statutes that underlie the State\u2019s \u201cCare Courts\u201d. Note that California lawyers were offered Minimum Continuing Legal Education credit for reading this article, and passing a Daily Journal <\/i>test on what it teaches.<\/p>\n Jacobson, \u201cWhen the Military Meets the Streets It\u2019s a Dangerous Step Toward Autocracy,<\/a>\u201d The<\/i> San Francisco Daily Journal <\/i>and The Los Angeles Daily Journal<\/i>, June 17, 2025, p. 5. An analysis of Constitutional and statutory restrictions on Donald Trump\u2019s use of the Marines and California\u2019s National Guard in Los Angeles.<\/p>\n *Jacobson, \u201cExecutive Disorder: How to Know and Defeat, Presidential Power Plays,\u201d The<\/em> San Francisco Daily Journal <\/em>and The Los Angeles Daily Journal<\/em>, May 22, 2025, p. 4. In light of Donald Trump\u2019s numerous Executive Orders, it is important understand what an Executive Order is, and the test that the courts use to decide the legality of Executive Orders. This article discusses these vital issues.<\/p>\n *Jacobson, \u201cWhen is a Law a Law,\u201d The<\/em> San Francisco Daily Journal <\/em>and The Los Angeles Daily Journal<\/em>, May 01, 2025, p. 5. The title of this article may make one think back to Schoolhouse Rock!’s \u201cI\u2019m Just a Bill,\u201d but there are many nuances that \u201cI\u2019m Just a Bill\u201d doesn\u2019t cover, but lawyers should know. This article explores such nuances.<\/p>\n *Jacobson, \u201cThe Law(lessness) of Forceful Annexation,<\/a>\u201d The<\/i> San Francisco Daily Journal <\/i>and The Los Angeles Daily Journal<\/i>, March 7, 2025, p. 6. The law of annexation, dating from the 15th<\/sup> century, analyzed in light of Donald Trump\u2019s lust for Greenland, Canada, the Gaza Strip, the Panama Canal, and Ukraine\u2019s rare earth minerals. While in the 1400s President Trump might have had a reed of a legal theory re satisfying that lust, that reed has been crushed by post-WWII international and domestic law.<\/p>\n Jacobson, “Trump\u2019s recess appointments and money impounding versus Congress.<\/a>” The San Francisco Daily Journal<\/i> and The Los Angeles Daily Journal<\/i>, December 11, 2024, page 6. An analysis of the Constitutional mandates that only Congress have the power to spend money, that the president must spend such money in the manner required by Congress, and that high U.S. officers can only be appointed by and with the advice and consent of the Senate.<\/p>\n Jacobson, \u201cCalifornia\u2019s New Definition of Third-Party Beneficiary<\/a>\u201d Orange County Lawyer <\/i>11\/23 page 53. An analysis of the California Supreme Court\u2019s 2019 definition of Third-Party Beneficiary, as announced in Goonewardene v. ADP, LLC <\/i>(2019) 6 Cal.5th 817.<\/p>\n Jacobson, 07\/07\/21 The San Francisco Daily Journal <\/i>and 07\/07\/21 The Los Angeles Daily Journal<\/i> \u201cFixing the Federal Election Commission.<\/a>\u201d An examination of how the \u201cFor the People Act\u201d would advance the causes protected by the FEC.<\/p>\n Jacobson, 01\/07\/20 Consumer Protection Policy Center blog, Fairness and the Rule of Law for Accountants<\/em>, https:\/\/sites.sandiego.edu\/cpil-blog\/2020\/07\/01\/fairness-and-the-rule-of-law-for-accountants\/<\/a>. An examination of the then rule of passion overriding the rule of law at the California Board of Accountancy.<\/p>\n Jacobson \u201cThe Rise Incivility in the Legal Profession\u201d<\/a> The San Francisco Daily Journal<\/em> and The Los Angeles Daily Journal<\/em> 01\/22\/21, p. 4. An analysis showing the probable 1970s start date and cause of extreme and growing incivility in the legal professions, and potential solutions to the problem.<\/p>\n Jacobson, \u201cThe Answer is: Ask the Question\u201d<\/a>, Orange County Lawyer<\/em>, 02\/17, page 48. A critical look at an analysis that failed to examine a vital issue, thus providing an important lesson is legal Jacobson, \u201cInsurers Can\u2019t Escape Through Escape Clause\u201d,<\/a> Orange County Lawyer<\/em>, 02\/16 page 4. LEXIS citation not yet available. An analysis of wary view of \u201cother insurance clauses\u201d in insurance policies.<\/p>\n Jacobson, \u201cUnpacking a Rare Split Decision on Permissive Joinder\u201d, <\/a> 01\/23\/15 San Francisco Daily Journal<\/i> and Los Angeles Daily Journal<\/i>. An analysis of a 2015 Division Three of the Fourth District Court of Appeal\u2019s split decision on the issue of permissive joinder in a \u201cmass joinder\u201d case.<\/p>\n Jacobson, \u201cNot Your Parents\u2019 Trespass Damages\u201d,<\/a> Orange County Lawyer<\/em>, 01\/15, page 28. LEXIS citation 2015 Orange County Lawyer 28. An Analysis of California\u2019s revolutionary statute on damages for trespass.<\/p>\n Jacobson, \u201cThe Emperor Has No Completed Operations<\/a>\u201d, Orange County Lawyer<\/em>. 07\/14, Page 28 LEXIS citation 2015 Orange County Lawyer<\/em> 44. An Analysis of California\u2019s courts exasperation with insurance companies Completed Operations clauses.<\/p>\n Jacobson, \u201cForeign corporations get better deal upon dissolution<\/a>\u201d 02\/26\/13 The San Francisco Daily Journal <\/i>and The Los Angeles Daily Journal<\/i>. An analysis of the Supreme Court\u2019s decision in Greb v. Diamond International<\/i>. That decision put into stark relief what was apparently a legislative accident, by which dissolved California corporations get treated worse than dissolved out-of-state corporations.<\/p>\n Jacobson, “Indemnity Primer<\/a>” 02\/13 California<\/i> Lawyer<\/i>. An analysis of California law on express indemnity and implied indemnity.<\/p>\n Jacobson, “The Armstrong<\/em> Election — a Misnomer with a Powerful Purpose<\/a>“, Orange County Lawyer <\/i>09, Vol. 53, No. 9, 2011 , Page 16; LEXIS citation: 53 Orange County Lawyer<\/i> 16. An analysis of the California law that prohibits \u201cstacking\u201d of insurance deductibles in progressively deteriorating damages cases and allows an insured in such cases to elect which deductible it will pay.<\/p>\n *Jacobson, \u201cAn Indemnity Clause By Any Other Name\u201d 08\/03\/11 The San Francisco Daily Journal <\/i>and The Los Angeles Daily Journal<\/i>. An analysis of indemnity under California law, including the misuse of nomenclature.<\/p>\n Jacobson, “Do ‘Special Answers’ Make a Sound<\/a>?” 07\/27\/10 The San Francisco Daily Journal <\/i>and The Los Angeles Daily Journal<\/i>. An analysis of \u201cSpecial Answers\u201d, which allow a cross-defendant to assert defenses against not only the cross-complainant, but also against the plaintiff.<\/p>\n Jacobson, “Action Satisfaction<\/a>” 07\/22\/09 The San Francisco Daily Journal <\/i>and The Los Angeles Daily Journal<\/i> page 7. An analysis of the profound answer to the simple question, what is a cause of action?<\/p>\n Jacobson, “California Supreme Court Declares No Fault Indemnity<\/a>” Dan Jacobson, Orange County Lawyer<\/i> June, 2009 page 35. LEXIS citation 52 Orange County Lawyer 42. An analysis of the Supreme Court’s decision in Crawford v. Weather Shield<\/i>.<\/p>\n Jacobson, “Contracting Clarity<\/a>” 04\/15\/09 The Daily Journal<\/i> page 7. An analysis of implied contractual indemnity with an emphasis on the question of whether it sounds in contract.<\/p>\n Jacobson, “This Time Its Personal<\/a>” 03\/31\/09 The Daily Journal<\/i> page 7. An analysis of California and Constitutional law regarding specific personal jurisdiction as opposed to general personal jurisdiction.<\/p>\n Jacobson, “Get It in Writing<\/a>” 05\/06\/08 The Daily Journal<\/i> page 7. An analysis of California’s statute of frauds.<\/p>\n Jacobson, “The Legislature Has to Change the Delegate Selection Process<\/a>” 02\/01\/08 The Daily Journal<\/i> page 6. An analysis of the Constitutional limitations and requirements applicable to States for their selection of delegates to the Electoral College.<\/p>\n Jacobson, “A Brief History of Time Limits<\/a>” 06\/06\/07 The Daily Journal<\/i>. An analysis of the history, purposes, definition, and applications of statutes of limitations.<\/p>\n Jacobson, “Indian Sovereignty A Brief History<\/a>” Dan Jacobson, Orange County Lawyer<\/em> 06\/07, page 32. LEXIS citation 49 Orange County Lawyer 32. An analysis of the legal history of sovereignty issues pertaining to Native Americans.<\/p>\n Jacobson, “Insurer Learns It Can’t Wriggle Out of Its Duty to Defend<\/a>” 09\/29\/06 The Daily Journal<\/i>. An analysis of The Standard Fire <\/i>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.<\/p>\n Jacobson, “Bad Faith Can Pierce Corporate Shield<\/a>” 07\/06\/06 The Daily Journal<\/i> 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.<\/p>\n Jacobson, “Is the Billable Hour Running Out of Time<\/a>” April, 2006 California<\/i> Lawyer<\/i>. 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.<\/p>\n Jacobson, “Academic Senates Have Role in Designing Hiring Policies<\/a>” 9\/1\/05 The Daily Journal<\/i>. An analysis of the legal character of California\u2019s Community College Academic Senates.<\/p>\n Jacobson, “Absence of Prevailing Party Won’t Preclude Lawyer Fees<\/a>” 05\/23\/05 The San Francisco Daily Journal and The Los Angeles Daily Journal<\/i>. This article has a misleading title that was given to it by The Daily Journal<\/i>. The article is an analysis of California law regarding fee shifting in contract litigation.<\/p>\n Jacobson, “Law Schools Need to Teach Statutory Construction Rules<\/a>” 12\/10\/04 The Daily Journal<\/i>. An analysis of the law of statutory interpretation.<\/p>\n Jacobson, “Courts Differ Over Who Can Sue for Construction Defects<\/a>” 07\/08\/04 The Daily Journal<\/i>. An analysis of the differing views amongst California\u2019s Courts of Appeal regarding the accrual in tort of a construction defect action.<\/p>\n Jacobson, “Dogs Are Humans’ Best Friend Not Best Evidence<\/a>” 04\/22\/04 The Daily Journal<\/i> page 7. An analysis of statutory law, common law, and Constitutional law regarding dog tracking evidence.<\/p>\n Jacobson, “Burden of Proof Producing Evidence Have Distinct Roles<\/a>” 03\/10\/04 The Daily Journal<\/i> page 7. An analysis of California evidence law related to the rules and effect of the dual burdens of proof and of producing evidence.<\/p>\n Jacobson, “Wildfire Victims May Sue for Fire-Protection-Related Defects<\/a>” 12\/12\/03 The Daily Journal<\/i> page 7. An analysis of contractual and tort remedies in construction defect lawsuits.<\/p>\n Jacobson, “Privileges Are Not Just About Excluding Testimony<\/a>” 10\/6\/03 The Daily Journal<\/i> page 7. An analysis of the nature of legally recognized confidentiality.<\/p>\n Jacobson, “Understanding History of Contracts Can Benefit Attorneys<\/a>” 6\/2\/03 The Daily Journal<\/i> page 7. An analysis of the rules of contract interpretation, with an emphasis on the historical development of those rules.<\/p>\n Jacobson, “New Construction Defect Law to have Profound Effect on Litigation”<\/a>, Orange<\/i> County<\/i> Lawyer, <\/i>12\/02, Page 14 . LEXIS citation 44 Orange County Lawyer 14. An analysis of California\u2019s complex statutory scheme for the litigation of construction defect claims.<\/p>\n Jacobson, “Whether New Law Applies Retroactively is Open Question<\/a>” 10\/7\/02 The Daily Journal<\/i>. An analysis of certain strong legislative punishments for unlicensed building contractors.<\/p>\n Jacobson, “To Answer the Question or Not?<\/a>“, Orange County Lawyer<\/i> 6\/02, page 32. LEXIS citation 44 Orange County Lawyer 32 An analysis of the law governing the behavior of counsel and parties at depositions.<\/p>\n Jacobson, “Crucial Provisions, Enforcing Construction-Contract Indemnity Clauses<\/a>” 1\/14\/02 The Daily Journal<\/i>; <\/b>and 03\/24\/03 Real Estate Journal<\/i>. <\/b>An analysis of the law governing express indemnity in construction contracts.<\/p>\n Jacobson, “Wait and See No Tort Recovery for Defects Not Yet Resulting in Damage<\/a>” 01\/08\/01 The Daily Journal<\/i> page 7. An analysis of the California Supreme Court\u2019s distinction between contract and tort remedies.<\/p>\n Jacobson, “California’s Grandparents’ Rights<\/a>” Dan Jacobson, Orange County Lawyer, <\/i>10\/00 page 40. LEXIS citation 42 Orange County Lawyer 40. An analysis of the U.S. Supreme Court\u2019s decision in Troxel v. Granville<\/span> and that decision\u2019s affect on the visitation rights of California grandparents. (Cited as point of Constitutional Law at Davis, \u201cNon-Parent Visitation Statutes: Was Troxel v. Granville Their Death-Knell? 23 Whittier L. Rev. 721,754.)<\/p>\n
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