April 26, 2004 | National Law Journal
A vision of unified gloryIt almost goes without saying that many important constitutional issues turn upon the original intent of the framers. It follows that those of us interested in constitutional law would do well to learn as much as we can about those framers and the post-revolutionary society in which they lived.
By Stewart HarrisSpecial to The National Law Journal
5 minute read
February 12, 2007 | National Law Journal
Incentive trusts help perpetuate family valuesConventional trusts tend to exacerbate the problems of children or grandchildren who aspire to a lavish unearned lifestyle. For this reason, incentive trusts have become increasingly attractive to parents who seek to communicate their values to their children.
By James E. McNair, Gregory J. Rupert and Cynthia L. Gausvik / Special to The National Law Journal
10 minute read
August 21, 2006 | National Law Journal
End the ABA's tyrannyLawyers possess a disproportionate amount of power in our society and often return to serve their communities. It is crucial to ensure that these schools are accessible, affordable gateways for all segments of society . . . not just the white and wealthy.
By Michael Coyne/Special to The National Law Journal
5 minute read
April 21, 2008 | National Law Journal
Is there a legal defense to the mortgage mess?Securities class actions continue to mount against subprime mortgage lenders and Wall Street firms that packaged and resold subprime mortgage loans as mortgage-backed securities. In reaction to this wave of litigation, law firms have formed subprime task forces and teams to deal with the onslaught of litigation and governmental investigations.
By Anthony Lendez and David Hille / Special to The National Law Journal
13 minute read
May 03, 2004 | National Law Journal
Shareholder NominationsIn probably its most controversial initiative regarding corporate governance in more than a decade, the Securities and Exchange Commission (SEC) has proposed that shareholders at publicly held corporations be empowered to nominate a limited number of directors¿between one and three depending on the size of the corporation¿s board¿by placing these nominees directly on the corporation¿s own proxy statement. Both proponents and opponents, however, may have missed a hidden kicker that will shape its impact.
By John C. Coffee Jr.Special to The National Law Journal
9 minute read
September 12, 2005 | National Law Journal
A welcome developmentFamily law practitioners had been slow to embrace arbitration as an integral part of their practices but increasingly specific state statues and the American Academy of Matrimonial Law�s adoption of an arbitration act promise to spread the often- convenient and cost effective procedure.
By Lynn P. Burleson Special to The National Law Journal
5 minute read
August 21, 2006 | National Law Journal
Assessing real risksWith a limited supply of police officers and a seemingly unlimited supply of potential targets, however, preventing attacks becomes an odd combination of luck and science.
By Steven Roberts/Special to The National Law Journal
4 minute read
August 11, 2008 | National Law Journal
The feds pick up a new cudgelRecent statutory and regulatory changes are likely to significantly affect the quality of health care provided to government program beneficiaries. However, a Civil War-era statute designed to prevent war profiteering, the federal False Claims Act, may have a far larger punitive impact on health care providers that commit malpractice through a pattern of substandard care.
By Robert M. Wolin and B. Scott McBride / Special to The National Law Journal
11 minute read
October 13, 2008 | National Law Journal
'MedImmune's impact on Hatch-WaxmanThe U.S. Supreme Court signaled the end of the "reasonable apprehension of imminent suit" aspect of the long-standing test used by the U.S. Court of Appeals for the Federal Circuit to assess subject-matter jurisdiction for declaratory judgment actions in MedImmune Inc. v. Genentech Inc.. In so doing, MedImmune rendered the Federal Circuit's approach overly narrow and ordered the lower court to follow an approach more cohesive with the Supreme Court's own declaratory judgment jurisprudence from an earlier line of cases. The Federal Circuit has since diligently expanded the dimensions of its declaratory judgment standard through several important decisions.
By H. Keeto Sabharwal and Dennies Varughese / Special to The National Law Journal
12 minute read
March 21, 2005 | National Law Journal
More options for all agesKnowing of my work on inter-generational relations in law firms, several people mentioned the article, The 'Gen Y' equation to me in the week it appeared. I am glad to see discussion of the topic and am compelled to respond and point out distinctions and a few contradictions. First, Gen Y lawyers have only been in the workplace for a year or two�not long enough to characterize them quite so definitely.
By Phyllis Weiss Haserot Special to The National Law Journal
5 minute read
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