The National Law Journal

February 07, 2005 | National Law Journal

The Supreme Court's recent decision in United States v. Booker and United States v. Fanfan striking down the 20-year-old federal sentencing guidelines reminded me of experiences I had traveling around the country in pre-guideline days, as a prosecutor for the U.S. Department of Justice.

By Dan Small Special to The National Law Journal

4 minute read

August 01, 2005 | National Law Journal

Congratulations on your nomination to the U.S. Supreme Court. Ordinarily a private letter would be appropriate, but these are unusual times, and I hope by this open letter to appeal to others of like mind and to those who are its subject.

By Marilyn Hall PatelSpecial to The National Law Journal

5 minute read

September 24, 2007 | National Law Journal

We need to take a close, clear look at the law governing the employment relationship. The American Law Institute's Restatement of Employment Law is ill-conceived and should be put to rest.

By Matthew W. Finkin / Special to The National Law Journal

5 minute read

June 28, 2004 | National Law Journal

Although some courts have made progress in understanding why businesses tie in certain features with the sale of other products, other courts rigidly adhere to the prohibitions of the doctrine.

By Ronald A. Cass and Keith N. HyltonSpecial to The National Law Journal

10 minute read

May 14, 2007 | National Law Journal

The evidence from our Senate investigation of the unprecedented firing of eight U.S. attorneys shows an attorney general whose misjudgments are profound, and who is complicit in the greatest politicization of the U.S. Department of Justice since the Nixon administration. By U.S. Senator Sheldon Whitehouse.

By Sheldon Whitehouse/Special to The National Law Journal

4 minute read

May 23, 2007 | National Law Journal

Lawmakers in South Carolina initially introduced legislation that would allow prisoners to donate organs or bone marrow in exchange for a sentence reduction of up to 180 days. Subsequently, they amended the proposed legislation, which now simply encourages prisoners to donate organs, without the quid pro quo. Even as amended, this is dangerous ground legally, ethically and morally.

By Reverend Michael P. Orsi/Special to The National Law Journal

4 minute read

April 03, 2006 | National Law Journal

Small and midsize enterprises begin to explore opportunities outside their jurisdictional and national boundaries, local, effective legal guidance is a must-have. Though many businesses assume that only large, international firms have the resources, contacts and skills required; another option does exist. International networks of respected smaller firms can and do provide effective counsel for smaller businesses.

By Richard L. Hetke/Special to The National Law Journal

11 minute read

April 27, 2009 | National Law Journal

Employers face difficult cost-cutting decisions on a daily basis in an effort to survive. Most common among those decisions is whether an employer should reduce its work force to minimize costs. Yet even in this economic climate, there are alternatives to work force reductions. Many of these options allow employers to accomplish some or all of their economic goals without taking a measure as extreme as reducing their work force.

By Jonathan Stoler and Eric Raphan / Special to The National Law Journal

11 minute read

April 16, 2007 | National Law Journal

As a country, we are failing our mentally ill citizens, and that is a public policy issue that warrants attention. But when the state seeks to execute a person who is plainly insane, that is a constitutional issue.

By Cara H. Drinan/Special to The National Law Journal

4 minute read

January 08, 2007 | National Law Journal

On Nov. 16, 2006, the DHHS withdrew its proposed revisions to mandatory guidelines for federal workplace drug testing , which would have allowed the testing of alternative specimens such as hair, oral fluids and sweat.

By Barbara L. Johnson/Special to The National Law Journal

10 minute read