January 17, 2005 | National Law Journal
Stop muzzling woundedThe recent plea bargain by a man in Georgia � who let dead bodies rot rather than cremate them � left the greaving families feeling cheated of their day in court. This is typical of the spiritual bankruptcy of the American judicial system, which stymies storytelling, forecloses moral justice and elevates expediency above closure and truth-telling.
By Thane Rosenbaum Special to The National Law Journal
5 minute read
March 15, 2004 | National Law Journal
Punishment fits the crimeWhile some lament that the revised federal sentencing guidelines are too tough, Congress hit it right on the mark by increasing sentences for computer-related crimes. The next wave of terrorism could well be attempted through hacking into the systems of critical infrastructures, so increased penalties are appropriate as both deterrents and law enforcement tools.
By Steven Roberts and Juliette N. KayyemSpecial to The National Law Journal
5 minute read
September 19, 2005 | National Law Journal
States to the rescueAs a scholar of communitarian public philosophy I have frequently argued that individual rights have been unduly expanded, often at the cost of the common good. But if one can force people to sell their homes and land for tax revenue and job enhancement, no private property is secure.
By Amitai Etzioni Special to The National Law Journal
5 minute read
June 26, 2006 | National Law Journal
More foreign plaintiffs barred post-'Empagran'The Supreme Court�s 2004 Empagran decision left open the question of whether a foreign plaintiff could properly assert a claim if it could show that its foreign-based injury would not have occurred "but for" the adverse domestic effects of the alleged misconduct.
By Barry G. Sher, Daniel Goldman and Victoria Ashworth/Special to The National Law Journal
10 minute read
February 14, 2005 | National Law Journal
T&E planning does not end with repealWhile it is true that a great deal of the estate planner's practice is tax driven, a stronger emphasis on wealth preservation for current and future generations will provide plenty of work to keep estate planning attorneys off the
By Herbert Bockstein and Barbara L. MacGrady Special to The National Law Journal
13 minute read
September 15, 2003 | National Law Journal
A new book brings back courtroom memoriesCelebrity trial lawyer Gerry Spence has offered up the 13th in his series of allegedly non-fiction books about his trials and triumphs. The Smoking Gun (Scribner, 448 pages, $30) reaches back more than 15 years to recount Spence's part in two trials in Oregon-first, of 15-year-old Michael Jones Jr. (convicted and then overturned on appeal) and then of his mother, Sandy Jones (acquitted), on murder charges for the death of Wilfred Gerttula.
By Joshua MarquisSpecial to The National Law Journal
7 minute read
December 13, 2004 | National Law Journal
Pouring state power awayOn December 7, the U.S. Supreme Court heard arguments in two cases that just might lead to the virtual repeal of the 21st Amendment-that�s the one that repealed Prohibition and left regulation of liquor importation and sales to the states. Such a step would be unfortunate and legally unfounded.
By Brannon P. Denning Special to The National Law Journal
5 minute read
October 16, 2006 | National Law Journal
Where in the world is best for patent filing?One of the most frequently asked (and expensive) questions facing a patent attorney is where in the world to seek patent protection on an invention. Patent counsel should develop a prioritized list of countries that takes legal, business and cost considerations into account.
By Jean Burke Fordis and Lauren L. Stevens /Special to The National Law Journal
13 minute read
September 13, 2004 | National Law Journal
Clamming up�for safetyA funny thing happened on the way to the Martha Stewart trial. Criminal suspects in federal investigations learned the virtue of simply clamming up.
By Joel CohenSpecial to The National Law Journal
5 minute read
September 29, 2003 | National Law Journal
The wrath of Superfund may be softeningAlmost 25 years after its enactment, Superfund still strikes fear in the hearts of owners of industrial property. The solution Congress hurriedly concocted to solve this politically charged problem was a statute that casts a wide net of liability over virtually all owners and operators of a site.
By John WatsonSpecial to The National Law Journal
11 minute read
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