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The National Law Journal

The National Law Journal

October 09, 2008 | National Law Journal

Appellate court agrees to stay court order on subpoenas over U.S. Attorney firings

The U.S. Court of Appeals for the District of Columbia Circuit has agreed to stay a federal district court's order that White House Chief of Staff Joshua Bolten and former White House Counsel Harriet Miers comply with U.S. House Judiciary Committee subpoenas regarding the forced resignations of nine U.S. attorneys.

By David Horrigan / Special to The National Law Journal

4 minute read

April 25, 2005 | National Law Journal

Treaty is obsolete

If you are a hard-working and busy attorney, you may have little interest in reading about international treaties. However, the Nuclear Non-Proliferation Treaty does deserve your attention.

By Amitai EtzioniSpecial to The National Law Journal

4 minute read

June 28, 2004 | National Law Journal

A return to the Founders

Edwin Meese III revisits the heady days of the Reagan presidency, and the movement away from the legal realist school of constitutional thought and the formation of a new tradition of constitutional interpretation.

By Edwin Meese III Special to The National Law Journal

5 minute read

January 24, 2005 | National Law Journal

Contending with patents in financial services

As the number of patents�and patent enforcement actions�has continued to rise in recent years, Wall Street powerhouses have had to scramble to assess and come to grips with intellectual property issues.

By Sharon Barner and Greg Norrod Special to The National Law Journal

13 minute read

November 03, 2003 | National Law Journal

New concerns for traditional noncompetes

In today's economy of fierce global competition, high employee turnover and amazing technological advances, former employees are increasingly able to move hundreds, if not thousands, of miles away, and yet still directly compete with their former employer. Unfortunately, the divergent state laws relating to noncompete agreements have not kept pace with this new economic reality.

By Mark R. Cheskin and Brian L. LernerSpecial to The National Law Journal

10 minute read

October 18, 2004 | National Law Journal

An offer one can't refuse: mediate

The courts on both sides of the Atlantic are encouraging mediation where appropriate, and at times compel both sides of a case to engage in mediation to avoid litigation. The result forces potential outcomes based on "good faith" that may still lead to satellite litigation.

By Kathryn Kirmayer and Jane Wessel Special to The National Law Journal

10 minute read

June 06, 2005 | National Law Journal

Extended leave can be aspect of accommodation

In upholding extended leave as a reasonable accommodation, courts have held that extended medical leave may be a reasonable accommodation if it does not pose an undue hardship and if it will permit the employee eventually to perform the essential functions of her position.

By Arthur F. Silbergeld and David A. LewisSpecial to The National Law Journal

12 minute read

October 27, 2008 | National Law Journal

Not a self-serving activity

Dennis Jacobs, the chief judge of the 2d Circuit, should be ashamed of himself. In a recent speech, it was reported that he said that pro bono work is an "antisocial" and self-serving activity that law firms use to recruit and "give solace" to associates. As a law professor (and now dean of a new law school), I work hard to encourage my students to use their training to help those who cannot afford legal services. Whatever their practice, they should spend time doing legal work without charging for it.

By Erwin Chemerinsky / Special to The National Law Journal

4 minute read

September 08, 2003 | National Law Journal

Picking directors by proxy

In the brouhaha generated by the dramatic increase in measures aimed at ensuring better corporate governance, we now see the old bogey of greater shareholder participation in the election of directors. This animal has been seen before and was put out to pasture, for there were few sensible ways by which shareholders could be given greater access to the election process without compromising efficiency and cost.

By Sandeep GopalanSpecial to The National Law Journal

5 minute read

October 18, 2004 | National Law Journal

Predispute clauses give pause

There are pros and cons to mandatory arbitration provisions in employment-related disputes. Weighing the factors involved and choosing the proper agreements can benefit all parties to some degree if done so far enough in advance.

By Pavneet Singh Uppal and Caroline Larsen Special to The National Law Journal

10 minute read