May 17, 2004 | National Law Journal
Posner again blasts work of immigration judgesFederal appellate Judge Richard Posner is known as a strong critic of immigration judges. But this time around, a fellow judge in a concurring opinion warned that the court has been "unnecessarily critical."
By Peter PageSpecial to The National Law Journal
3 minute read
February 16, 2009 | National Law Journal
ABA, recognize realityToday the ABA will consider a long overdue change to the Model Rules of Professional Conduct. Rule 1.10 now provides that if an attorney joins a law firm from another firm, his personal conflicts must be imputed to every attorney at the new firm, despite any attempt to "screen" him from cases with conflicts. Recommendation 109 would amend the rule to prevent disqualification when the lateral has been effectively screened. It recognizes the realities of the legal environment, and the ABA should adopt it.
By Robert J. McGahan & Amy Harman Burkart / Special to The National Law Journal
4 minute read
November 03, 2008 | National Law Journal
Federal law controls misconduct caseIn a decision sharply critical of lawyers on both sides of a civil suit alleging lawyer misconduct, the 9th U.S. Circuit Court of Appeals held that attorneys and law firms could not use state law to avoid civil liability under 10(b) of the federal Securities Exchange Act of 1934 for alleged fraudulent misrepresentations in the sale of securities.
By David Horrigan / Special to The National Law Journal
4 minute read
August 04, 2008 | National Law Journal
The rule of law is more than the 'rule of lawyers'The best way to advance the rule of law is through a multidisciplinary, multinational movement, says outgoing ABA President William Neukom. The rule of law is not the "rule of lawyers," and certainly not of American lawyers. All disciplines in every region of the world need the rule of law to perform their work. Everybody is a stakeholder, and must work together for the common benefit.
By William H. Neukom / Special to The National Law Journal
6 minute read
September 29, 2008 | National Law Journal
Crackdown on bulliesThe legal landscape may become much more difficult for employers to navigate. There's been an ongoing effort to pass legislation in multiple states prohibiting bullying in the workplace — allowing employees to sue their employers in state court based solely on poor treatment at work. These laws represent a significant departure from current employment law, where employees generally must show that the alleged improper conduct related to a protected category, such as sex or race.
By Brian K. LaFratta / Special to The National Law Journal
10 minute read
April 17, 2006 | National Law Journal
Any real remedy?Professorial sexual exploitation can wreak havoc upon young lives. Absent more meaningful legal redress, complainants must hope that campus officials take internal discipline seriously rather than simply circle the wagons, as they often have done in the past.
By Vivian BergerSpecial to The National Law Journal
4 minute read
November 03, 2008 | National Law Journal
Fending off hackersNow that record labels are recognizing that use-restrictive digital rights management, backed up by the DMCA, cannot adequately protect their rights, they are experimenting with other types of DRM, such as digital watermarks. Unfortunately, while it is illegal under the DMCA to remove information in a watermark that identifies who the copyright owner of a song is, it is not illegal to remove information that identifies who bought a copy of it. The law should also bar removal of "transactional" watermarks.
By Matt Williams / Special to The National Law Journal
5 minute read
May 15, 2006 | National Law Journal
Death penalty won't deterMoussaoui's strange case invites an examination of whether we should impose capital punishment on those involved in acts of terrorism against the U.S. The natural demand for retribution needs to be tempered by the fact that carrying out the death penalty may strengthen the terrorists and weaken our alliances.
By Thomas McDonnell/Special to The National Law Journal
5 minute read
September 24, 2007 | National Law Journal
Timing is everythingLast week's hire-fire-rehire drama over Erwin Chemerinsky as the University of California, Irvine's law dean reminds UCLA law professor Jerry Kang of a Supreme Court case in which the justices distinguished between a library choosing not to acquire a certain book and removing the offending title from its shelves. In both instances, the timing of the action speaks louder than the result.
By Jerry Kang / Special to The National Law Journal
5 minute read
October 06, 2008 | National Law Journal
Tighten up regulationWe are in the midst of a financial panic, the likes of which have not been seen since the Great Depression. Each day brings more news of failed banks and sharp stock declines that our political leaders seem powerless to stop. Amid this turmoil, presidential candidate John McCain has called for the firing of Christopher Cox, the chairman of the U.S. Securities and Exchange Commission. But the laws under which the SEC operates, passed during the financial reforms of the 1930s, did not grant Cox the authority to prevent the rampant speculation that took place.
By Daniel J. Morrissey / Special to The National Law Journal
5 minute read
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