"Natural Law, Natural Rights and American Constitutionalism"

Posted on January 17, 2011 by Kevin Forrester

The Witherspoon Institute has selected the occasion of Martin Luther King, Jr. Day to "announce a public preview of a new online academic resource dedicated to natural law and the American tradition." 

The new website is Natural Law, Natural Rights and American Constitutionalism.

"The aim of the Witherspoon Institute's project is to create a nonpartisan, educational website on Natural Law, Natural Rights, and American Constitutionalism, which will serve as an online resource center for students, teachers, and educated citizens to learn about the intellectual traditions of natural law and natural rights, particularly within American political and constitutional history." 

I encourage you to read their announcement here and bookmark their new site, which looks like an important and necessary contribution to world understanding of our unique American legal system. 

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Confidential still means confidential

Posted on January 16, 2011 by Kevin Forrester

Beth Graham's recent post on the "Disputing" blog, entitled "California Supreme Court Holds Attorney-Client Communications Related to Mediation Not Discoverable", reminds us that in matters within the jurisdiction of the California state courts mediated in accordance with California law, confidential means confidential.  

Ms. Graham points out that, in its January 13, 2011, Cassel v. Superior Court (PDF) opinion, "[t]he California Supreme Court held Cassel’s private communications with his attorneys related to the mediation were confidential communications protected by California’s Evidence Code and could not be discovered during a legal malpractice lawsuit between the parties." 

This extension of California's jurisprudence on mediation confidentiality to attorney-client communications, even in cases of alleged attorney malpractice, is consistent with earlier decisions discussed on this site here (2007) and here (2008).

 

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