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The National Law Journal

The National Law Journal

September 29, 2003 | National Law Journal

Let's revitalize regulation

It has become fashionable for the political intelligentsia to debate whether and how America should try to achieve a variety of foreign policy objectives. But there is also an enormous opportunity staring us in the face on the domestic front�that of improving our regulatory agencies. In doing so, we will be protecting the real virtues of capitalism.

By Reza DibadjSpecial to The National Law Journal

5 minute read

February 07, 2005 | National Law Journal

Order firms to reduce rate

The federal government is currently prosecuting a racketeering lawsuit against the major cigarette manufacturers. What if it wins? The U.S. Department of Justice talks about a financial penalty of nearly $300 billion plus limits on future tobacco company behavior.

By Stephen D. Sugarman Special to The National Law Journal

4 minute read

July 18, 2005 | National Law Journal

Antitrust attorneys grapple with impact of 'Booker'

The U.S. Supreme Court's decision in U.S. v. Booker has as much importance for criminal antitrust practitioners as it does for other federal criminal lawyers. Booker's holding that the Federal Sentencing Guidelines cannot be mandatory, in fact, has unique significance for criminal antitrust cases.

By James L. McGinnisSpecial to The National Law Journal

12 minute read

August 01, 2005 | National Law Journal

A model for the future

With the nomination of John G. Roberts Jr., President George W. Bush now stands on the verge of a lasting legacy as a president who changed the face of American law.

By Jonathan TurleySpecial to The National Law Journal

4 minute read

December 03, 2007 | National Law Journal

Protecting artists' works by using the Lanham Act

Publishers and media creators have become increasingly cautious about publishing material that may offend a particular group. But in some cases this policing behavior damages the integrity of an artist's work by failing to portray it as the artist intended. As a result, many artists are now asking what they can do to legally protect the integrity and meaning of their works. The Lanham Act does that.

By B. Brett Heavner and Christianna Lewis Barnhart / Special to The National Law Journal

10 minute read

February 04, 2008 | National Law Journal

Sometimes, juries are just flat-out prejudiced

Small town lawsuits, where a party to the case may employ half the town, can cause legitimate fears of an uphill battle against bias. The law recognizes such concerns, providing for changes of venue in civil litigation in the interest of justice. But because it may be unclear how much of an economic or social impact is enough to impede the interest of justice, the movant must show both the presence of such factors and their likely impact on a venire.

By Robert F. Bettler Jr. and Philip K. Anthony / Special to The National Law Journal

11 minute read

October 09, 2006 | National Law Journal

Acting above the law

The U.S. Congress appears to be competing with the retail and food service industry when it comes to addressing the problem of sexual harassment of teenage employees by adults.

By Debra S. Katz and Justine Andronici/Special to The National Law Journal

5 minute read

August 29, 2005 | National Law Journal

He served his clients

Young government attorneys are often asked to write briefs on opinions they might personally abhor,1 therefore Roberts� early briefs arguing against Roe v. Wade and the suppression of anti-abortion protests should not necessarily be held against him.

By Yale Kamisar Special to The National Law Journal

5 minute read

May 19, 2008 | National Law Journal

No special treatment

Pre-emption threatens the vitality of state tort law and the historic co-existence of federal prescription drug safety standards and common law remedies for injuries arising from those drugs. The recent trend of pharmaceutical companies seeking immunity from state law tort liability and prevailing raises serious questions about federalism. Why should this industry deserve special treatment? Courts that grant dismissals ignore the force of the settled presumption against pre-emption that protects consumers.

By Sol Weiss / Special to The National Law Journal

5 minute read

October 27, 2008 | National Law Journal

Three priorities

With the election just days away, The National Law Journal invited the major presidential and vice presidential candidates to write about the legal issues facing the next administration and to offer their views on such topics as the rule of law, the federal court system, judicial appointees and priorities for the U.S. Department of Justice. So far, only Sen. John McCain has accepted the invitation, outlining the three important priorities of a McCain administration: keeping the Department of Justice politically neutral, focusing law enforcement programs on addressing important issues of the day and appointing strict constructionist judges.

By John McCain / Special to The National Law Journal

4 minute read