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The National Law Journal

The National Law Journal

April 04, 2005 | National Law Journal

A groundbreaking case

What would you do if one day, out of nowhere, armed men showed up at your doorstep, told you and your loved ones that they were taking your house, your land and your freedom, and that you were being relocated to the middle of nowhere? Sound like a nightmare? Welcome to the United States circa 1870.

By Scott J. Slavick Special to The National Law Journal

4 minute read

April 28, 2008 | National Law Journal

Preparing for business development in a recession

Whether we are heading into or are actually in a recession, there is little wonder why businesses in all industries find themselves uncertainly pondering their next move. The legal industry is just as susceptible to succumbing to the Chicken Little that exists in all of us. The ability of firms to survive or even thrive in such an environment is based on how well they focus on the traditional marketing model of the four "P's": product, place, promotion and price.

By Les Altenberg / Special to The National Law Journal

10 minute read

October 30, 2006 | National Law Journal

Do it on a trial basis

The U.S. Supreme Court announced recently that, for the first time, it will make transcripts of oral arguments available for free on its Web site on the same day the argument is held.

By David Drachsler/Special to The National Law Journal

5 minute read

July 03, 2006 | National Law Journal

Getting it backward

The prospect of state courts invoking state law to give broader retroactive effect to new rules of criminal procedure than do federal courts offends no constitutional principle whatsoever. On the contrary, it reinforces the core values of federalism inherent in our constitutional system.

By Steve Sanders/Special to The National Law Journal

5 minute read

August 16, 2004 | National Law Journal

Soldiers need clear orders

It�s easy for talking heads who are safely stateside to say that young soldiers in Afghanistan and Iraq should have followed the Nuremberg principles and refused to follow immoral orders. But the realities of life under fire require strong leadership and clear rules to keep young soldiers on the right side of the law and morality.

By Amitai Etzioni Special to The National Law Journal

5 minute read

October 27, 2008 | National Law Journal

Don't overstate crimes

The FBI's recent announcement that it was beginning an investigation into the failures of various financial institutions was one more moment of d�j� vu from the S&L crisis. There has no doubt been wrongdoing that has contributed to the latest financial crisis. And any effort to address the ongoing meltdown must include vigorous prosecution of those who crossed the line. However, public officials tend to overstate the criminal wrongdoing, in part to deflect blame for their own lack of proper oversight.

By Abbe D. Lowell / Special to The National Law Journal

5 minute read

February 09, 2009 | National Law Journal

Expat tax must go

The United States is one of only a handful of countries that taxes citizens who work abroad. The effect is that U.S. expatriots are getting undercut out of jobs overseas, particularly in low- or no-income tax jurisdictions where demand for Western-trained attorneys is extraordinarily high. The elimination of the expat tax would not only ensure that Americans are as competitive as they can be, but would also decrease the trade deficit and create jobs at home, necessary outcomes in these challenging times.

By Bill McMains / Special to The National Law Journal

5 minute read

November 19, 2007 | National Law Journal

SEC issues proxy materials proposals

The U.S. Securities and Exchange Commission has published its controversial proposals that include two opposing approaches to address the ability of shareholders to include director nominees in a company's proxy materials. These proposals are the culmination of a debate over what constitutes an appropriate shareholder nomination process.

By Mark S. Bergman John C. Kennedy and Raphael M. Russo / Special to The National Law Journal

12 minute read

November 16, 2006 | National Law Journal

What the study didn't say

The subject of law firm diversity touches on one of the rawest nerves of leaders of large law firms and others in the U.S. legal industry.

By R. Bruce McLean/Special to The National Law Journal

5 minute read

March 23, 2009 | National Law Journal

Reducing the costs of privilege reviews and logs

It remains to be seen whether new Federal Rule of Evidence 502 will reap cost savings.

By Jeane A. Thomas, David D. Cross and Courtney Ingraffia Barton / Special to The National Law Journal

11 minute read