The National Law Journal

October 24, 2005 | National Law Journal

President George W. Bush has proposed a justice who is not a federal appellate judge. Now the Senate must discharge its advice and consent responsibilities by scrutinizing Miers, especially the benefits and disadvantages of approving someone who is a practicing lawyer.

By Carl TobiasSpecial to The National Law Journal

4 minute read

October 22, 2007 | National Law Journal

Birmingham, Ala.-based Whatley Drake & Kallas took on the mighty HMOs and settled a string of lawsuits brought on behalf of physicians alleging that nearly all of the nation's managed health care providers conspired to deny or reduce payments to doctors for covered medical services. And in the process they permanently changed the balance of power between the health plan providers and doctors.

By Peter Page / Special to The National Law Journal

5 minute read

May 12, 2008 | National Law Journal

All 12 judges on the U.S. Court of Appeals for the Federal Circuit heard arguments last week in a case of enormous significance to the continued health and vitality of innovation in the United States. In an effort to mend an ailing patent-examination system, one that remains unfortunately overburdened and understaffed, the U.S. Patent and Trademark Office recommended a course of treatment whereby the PTO simply refuses to examine business-related patents.

By Wayne P. Sobon / Special to The National Law Journal

5 minute read

January 09, 2006 | National Law Journal

Justice Antonin Scalia called the question of whether the Constitution might permit execution of an innocent person �embarrassing� in a 1993 decision. Now the Supreme Court faces two fresh embarrassments. So far, the appellate courts have all regarded the evidence of guilt as �overwhelming,� but only by discounting the evidence of innocence.

By Brandon L. Garrett and Jason M. SolomonSpecial to The National Law Journal

5 minute read

January 21, 2008 | National Law Journal

The extraterritorial reach of U.S. patent law has been tested repeatedly during the past several years in such high-profile decisions as Microsoft v. AT&T and NTP v. Research in Motion. These decisions helped resolve issues about the scope of U.S. patent law beyond its borders. But the Federal Circuit's recent decision not to address such issues in z4 Technologies v. Microsoft may create uncertainty about the appropriateness of considering foreign sales in domestic damages calculations.

By Paul M. Schoenhard / Special to The National Law Journal

8 minute read

August 18, 2003 | National Law Journal

As the fallout from the financial disasters at Enron Corp., Adelphia Communications Corp. and other former high-fliers continues, the reverberations have reached beyond the companies and their respective officers and directors and have hit the financial institutions that provided the capital to these famous flameouts.

By Emanuel C. GrilloSpecial to The National Law Journal

13 minute read

January 09, 2006 | National Law Journal

The U.S. Supreme Court is now pondering the wisdom of Solomon. The Solomon Amendment withholds federal funds from any school that does not provide the same access to military recruiters as it does to other potential employers.

By Jonathan TurleySpecial to The National Law Journal

5 minute read

August 28, 2006 | National Law Journal

All of the elements of a videogame-the story, audiovisual elements, underlying computer code and even gameplay elements (that specify the way the user interacts with and experiences a game)-are subject to one or more forms of intellectual property protection.

By Gregory P. Silberman/Special to The National Law Journal

12 minute read

February 19, 2007 | National Law Journal

For years, the government has been trying to control attorneys acting on behalf of terrorism suspects and, if it cannot control them, then to punish them. I speak from experience.

By Jesselyn Radack/Special to The National Law Journal

5 minute read

January 12, 2009 | National Law Journal

The Americans With Disabilities Act Amendments Act of 2008 restores the broad scope of protections Congress intended the ADA to provide when it was originally passed in 1990. In so doing, the act reverses significant restrictions that court rulings have placed on the ADA.

By Sara B. Poster / Special to The National Law Journal

10 minute read