About Curtis E.A. Karnow
Judge, Superior Court of California, County of San Francisco. Articles on settlement, electronic discovery, statistics, and other topics. Two of the articles previously posted, on Conflicts of Interest and Setting Bail for Public Safety, have been very substantially edited and revised. They are now published as “Conflicts of Interest And Institutional Litigants,” 32 The Journal of The Legal Profession 7 (2008) and “Setting Bail for Public Safety,” 13 Berkeley Journal of Criminal Law 1 (2008). "What's Your Weirdest Case" is now part of a volume available from Amazon Books designed to introduce teachers and students to the courts. Final versions of other articles are published in other law reviews. Updated versions of some of these items, and others, are found in Judge Karnow's book, Litigation In Practice (2017).
Primary Rights Southern California Interdisciplinary Law Journal (2018)
The article examines primary rights, the central doctrine in California procedural law which underlies e.g., res judicata, summary judgment, demurrers (motions to dismiss), and statutes of limitations. The article explores the roots of the doctrine ...
Fiat Lux: Tracing A Standard of Review for Class Certification Orders THE JOURNAL OF APPELLATE PRACTICE AND Process (2017)
An historical investigation of California’s standards of review of class certification orders, together with an analysis of the standard and its implications for the practical work of trial judges and lawyers litigating class actions. The ...
Complexity in Litigation: A Differential Diagnosis UNIVERSITY OF PENNSYLVANIA JOURNAL OF BUSINESS LAW (2015)
This note examines complex litigation with the goal of providing practical options for its management. It is written from a judge’s perspective. I review the definition of a “complex” case and explain its emphasis on ...
Business Entities - Basic Legal Issues Center for Judicial Education and Research (CJER) (2014)
Brief introduction to certain business litigation issues including vicarious liability, sealing records, representation by counsel, qualification of domestic corporations; depositions of persons most knowledgeable, and conflicts of laws.