The National Law Journal

December 22, 2008 | National Law Journal

Give us your poor, but only on the holidays. This Thanksgiving, volunteers had to be turned away in some areas when there weren't enough poor diners. On that day, but that day only, there were no shortages of contributions. Yet all too often, the needs of America's some 37 million poor people are invisible. And social activism too often addresses symptoms rather than sources of the problem. As lawyers, we are especially troubled by our inability to make legal assistance a more central part of the solution.

By Deborah Rhode & James Sokolove / Special to The National Law Journal

4 minute read

October 13, 2003 | National Law Journal

T.S. Eliot wrote that April is the cruelest month, but for the corporate community, this past September surely ranked highest in terms of the confluence of harsh corporate criminal prosecutions.

By Leonard OrlandSpecial to The National Law Journal

5 minute read

July 05, 2004 | National Law Journal

At a recent law school speaking engagement, I was struck by two things: rotten fruit, and the realization that law school really hasn't changed much. This means that all those industrious young people studying for the bar and about to enter practice may be in for some nasty surprises.

By Sean CarterSpecial to The National Law Journal

5 minute read

March 12, 2007 | National Law Journal

Shareholder groups and boards of directors have been embracing a deterrent policy that could be called a "restatement clawback," because it enables companies to claw back cash bonuses and stock awards from executives whose fraud or misconduct leads to a financial restatement.

By J. Mark Poerio and Crescent A. Moran / Special to The National Law Journal

10 minute read

April 13, 2009 | National Law Journal

In late February and with great fanfare, the Obama administration released its fiscal year 2010 budget. Interestingly, the budget includes increased funding for U.S. Treasury and Internal Revenue Service initiatives to bolster international tax compliance matters in the hopes of reducing the difference between the amount of tax that taxpayers should pay and the amount actually paid — a "tax gap" that IRS data shows may be as high as $345 billion. These initiatives are projected to raise significant revenue during the life of the budget proposals. The special attention paid to these loopholes reflects the government's feeling that multinational enterprises (MNEs) are not paying their fair share of taxation in the United States. Not surprisingly, that same perception is shared by many other countries as well.

By Cym H. Lowell and Mark R. Martin / Special to the National Law Journal

11 minute read

October 01, 2007 | National Law Journal

The theory of "unconscious bias" has been emerging in employment litigation over the past several years. Plaintiffs apply this theory both to their motions for class certification and to show their ultimate burden of proving that some protected characteristic played a role in a challenged employment decision. Expert evidence of unconcious bias has become a powerful tool against employers. If accepted by the federal courts, it will create challenges for plaintiffs and defendants alike.

By Charles E. Feuss and Jeremy D. Sosna / Special to The National Law Journal

9 minute read

April 03, 2006 | National Law Journal

An amazing 89% of all law firms comprise one to 10 attorneys, according to the American Bar Foundation's 2000 Lawyer Statistical Report. Even though solo practitioners and small law firms constitute such a significant part of the legal profession, there traditionally has not been as much training and support as one would expect for solo and small firm practitioners.

By Lovely A. Dhillon/Special to The National Law Journal

11 minute read

June 04, 2007 | National Law Journal

The controversy over the firing of eight U.S. attorneys pales in comparison to the steps undertaken by Monica Goodling and others to politicize the process of selecting career prosecutors.

By Peter J. Henning/Special to The National Law Journal

5 minute read

October 01, 2007 | National Law Journal

Throughout the nation, activists understandably troubled by the ongoing tragedy of Darfur have pressed public pension plans to divest the stock of corporations with varying connections to the Sudan. While the motivations of those seeking Darfur and Iranian divestment are beyond reproach, the tactic they pursue is not. However well-intended, social investing of governmental pension assets is at best ineffective and at worst costly to retirees and taxpayers, and dilutive of fiduciary standards.

By Edward A. Zelinsky / Special to The National Law Journal

4 minute read

April 02, 2007 | National Law Journal

Much of the public's dissatisfaction with lawyers stems from resentment over fees, which is nowhere more pervasive than in the matrimonial arena. The fundamental problem, though, is not villainous attorneys but rather a dysfunctional system, which gives the state a monopoly on divorce yet rarely does anything to make it affordable.

By Vivian Berger/Special to The National Law Journal

4 minute read