The National Law Journal

December 22, 2008 | National Law Journal

Addressing what it called "issues of exceptional importance" in a case of first impression, the 9th U.S. Circuit Court of Appeals held in a Dec. 16 en banc opinion that a trial court erred by failing to analyze whether local remedies should have been exhausted before Papua New Guinea residents filed suit in a U.S. court under the federal Alien Torts Statute (ATS), 28 U.S.C. 1350.

By David Horrigan / Special to the National Law Journal

4 minute read

February 28, 2005 | National Law Journal

California did it to felons: After a third felony conviction, it's life in prison without parole. Three strikes, you're out. Florida did it to physicians: After three adverse medical malpractice judgments, physicians cannot practice in Florida. Three strikes, you're out. A similar rule should apply to expert witnesses in litigation.

By Mark Herrmann Special to The National Law Journal

4 minute read

September 27, 2004 | National Law Journal

It's not often one sees criminal defendants showing up early to serve their sentences, especially when they have appeals pending. But nothing about the Martha Stewart case has been routine. And now Martha's final endgame may have some brilliant strategic surprises in store for the prosecution.

By Robert A. Mintz Special to The National Law Journal

4 minute read

August 18, 2003 | National Law Journal

Mixing U.S. Supreme Court jurisprudence with Federal Housing Authority (FHA) standards, the 5th U.S. Circuit Court of Appeals on Aug. 7 halved the amount of punitive damages awarded to an African-American man who was a victim of housing discrimination.

By David HorriganSpecial to The National Law Journal

2 minute read

January 03, 2011 | Texas Lawyer

If you are confused, dear reader, about the direction of the business of law, we sympathize. Consider two reports by a pair of respected industry players.

By The National Law Journal

3 minute read

September 01, 2003 | National Law Journal

Overturning an Illinois federal judge's post-trial ruling, the 7th U.S. Circuit Court of Appeals said on Aug. 18 that the maker of a popular children's wooden toy train set owes royalties to the innovator of its distinctive "clickety-clack" train track for as long as the tracks are sold.

By Colleen M. MagarianSpecial to The National Law Journal

2 minute read

February 02, 2009 | National Law Journal

Adding another chapter to the controversy over the demolition of public housing projects in New Orleans following Hurricane Katrina, the 5th U.S. Circuit Court of Appeals has ruled that displaced residents lacked standing to object to the razing of their former homes.

By David Horrigan / Special To The National Law Journal

3 minute read

August 04, 2008 | National Law Journal

By Gordon T. Arnold / Special to The National Law Journal

4 minute read

November 15, 2004 | National Law Journal

With all the hand-wringing over "illegal" aliens, people forget that hard-working aliens actually put money back into the American economy. It's a waste for the country to force them to work off books. Reforms need to be made that allow for distinctions between real criminals and immigrants who get caught up in complicated circumstances but committed no criminal acts.

By Jo Anne Chernev-AdlersteinSpecial to The National Law Journal

4 minute read

November 14, 2005 | National Law Journal

Using the power of talk radio, an old-fashioned slogan and a 25-foot inflatable pink pig, a low-budget campaign ousted an incumbent Pennsylvania Supreme Court justice in a retention election on Nov. 8-a first for the state.

By Emily HellerSpecial to The National Law Journal

3 minute read