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The National Law Journal

The National Law Journal

October 12, 2006 | National Law Journal

Derivative suits as remedy

In an era of soaring executive compensation have come revelations about an even more insidious and probably illegal form of corporate kleptomania: options back-dating.

By Daniel J. Morrissey/Special to The National Law Journal

5 minute read

June 07, 2004 | National Law Journal

Deal creates respite

The Senate and the Bush administration have reached a truce of sorts in the ongoing judicial confirmations battles. In exchange for a promise of no more recess appointments, the senate has agreed to actually confirm some nominations — a temporary and imperfect fix.

By Carl W. Tobias Special to The National Law Journal

4 minute read

October 11, 2004 | National Law Journal

Cracking justice's facade

It�s not often that the defense makes a motion for a new trial—and the prosecution helps out with a memorandum condemning the prosecutor. But that�s what happened, on a grand scale, in the Detroit �sleeper cell� case, and it serves to point up the type and degree of prosecutorial misconduct that can be found in this country�s justice system.

By Bennett L. Gershman Special to The National Law Journal

5 minute read

November 26, 2007 | National Law Journal

Honesty won't aid enemies

President Bush has repeated that the administration cannot discuss specific interrogation methods because "it doesn't make any sense to broadcast to the enemy what they ought to prepare for and not prepare for." But the American public should be told which specific techniques do or do not violate laws prohibiting "torture" and "cruel, inhuman or degrading" treatment.

By Andrew Kent / Special to The National Law Journal

5 minute read

August 29, 2005 | National Law Journal

Bill has issues all will debate

The Patent Reform Act of 2005 aims to eliminate subjective, discovery-laden issues and introduces greater certainty in the issuance of patents and their enforcement. But the complexity and wide scope of the reforms have special interest groups scrambling to understand and communicate their potential consequences.

By Steven B. Kelber and Denise M. Kettelberger Special to The National Law Journal

12 minute read

January 31, 2005 | National Law Journal

Congress must act

In a landmark decision involving two separate majority opinions, the U.S. Supreme Court launched a bombshell with United States v. Booker and United States v. Fanfan.

By Bill Mateja Special to The National Law Journal

5 minute read

October 24, 2005 | National Law Journal

Provide adequate funding

In Gideon v. Wainwright, the U.S. Supreme Court ruled that the right to counsel was a fundamental right protected by the Bill of Rights and the 14th Amendment; nevertheless the deterioration of our indigent defense system from neglect and inadequate funding continues to threaten this right.

By Joshua C. KrumholzSpecial to The National Law Journal

4 minute read

September 03, 2007 | National Law Journal

A fairer willfulness test

The Federal Circuit's Seagate decision, which established a stricter standard for proving willful patent infringement while confirming the sanctity of the attorney-client privilege, is of particular import because a finding of willful infringement often results in increasing the damages awarded to the patentee.

By Brian E. Ferguson & Paul Devinsky / Special to The National Law Journal

5 minute read

May 24, 2004 | National Law Journal

ADRs can hold corporate-governance surprises

Investors in American depositary receipts often do not have the same voting rights as other shareholders of the corporation.

By Alexei J. Cowett Special to The National Law Journal

14 minute read

May 10, 2004 | National Law Journal

Juggling work, kids

As the nation celebrates Mothers Day, one contributor takes some time to reflect on his own mother, who was part of the long-gone generation of exclusively stay-at-home moms. In todays world, law firms need to pay attention to the value of human capital, and give working lawyer-mothers the flexibility they need.

By Gerald D. SkoningSpecial to The National Law Journal

5 minute read