The National Law Journal

April 21, 2008 | National Law Journal

With recent years of difficult foreign relations, there is much discourse in the United States as to how it might better wield influence and renew its global leadership. Many point to more consistent leadership on rule of law matters. One way to start is by acceding to the United Nations Convention on the Law of the Sea (UNCLOS). In October, the Senate Foreign Relations Committee voted, 17-4, to recommend accession. Recent developments have added urgency for our country finally to accede to this accord.

By Richard J. Blaustein / Special to The National Law Journal

4 minute read

February 11, 2008 | National Law Journal

The practice of law can leave lawyers longing for something other than helping one company make more money at the expense of another. They want to do something more meaningful. For many, the answer is in a new field, compliance and ethics, which involves an entire practice devoted to getting companies and other large organizations to obey the rules and act ethically. There is stress in this field, but it comes from being the champion of doing the right thing at times when others still need to be persuaded.

By Joe Murphy / Special to The National Law Journal

5 minute read

August 13, 2007 | National Law Journal

There's so much not to like about the recent dustup over Hillary Clinton's cleavage that it is hard to know where to start. The kick-off event a painstaking investigation of fashion faux pas among presidential candidates in a Washington Post column. Underlying the controversy is not only a dispute about whether d�colletage in a political setting is a legitimate subject of news analysis, but gender bias and how much it matters on issues of appearance.

By Deborah L. Rhode / Special to The National Law Journal

4 minute read

March 26, 2007 | National Law Journal

A federal court of appeals recently struck down as unconstitutional a gun control law prohibiting possession of "functional firearms" in the owner's home, citing the U.S. Supreme Court's disastrous Dred Scott case of 1857. Whatever the merits of its opinion on gun control, the majority's undoubtedly well-intentioned citation resurrects a shameful ruling.

By Gregory J. Wallance/Special to The National Law Journal

5 minute read

January 26, 2009 | National Law Journal

Paternalism is a dirty word. The "nanny state," "Big Brother" and similar terms invoke the dire specter of government intruding on individuals' thoughts, behavior and choices. Public suspicion of paternalistic interventions is a formidable hurdle, and there are a variety of other social costs from such interventions. Nonetheless, such policies may help people save money, live safer, be healthier and make better decisions for themselves.

By Jeremy A. Blumenthal & Peter H. Huang / Special to The National Law Journal

5 minute read

May 15, 2006 | National Law Journal

When a company engages in settlement discussions with the federal government or a civil plaintiff in one case, can those communications be the subject of discovery in a different lawsuit? The DC Circuit recently held that the existence of a federal settlement privilege is an "open question" in federal courts.

By David A. Battaglia and Julian W. Poon/Special to The National Law Journal

13 minute read

August 30, 2004 | National Law Journal

The recent acquittal of 11 employees of TAP Pharmaceutical for taking part in an alleged kickback scheme was no doubt a blow to the prosecutors. But they got what they deserved for bringing a strained case based on an overly creative interpretation of federal regulations.

By Harvey A. Silverglate and Andrew Good Special to The National Law Journal

5 minute read

December 03, 2007 | National Law Journal

The Terrorist Screening Center oversees the nation's consolidated terrorist watch list, a tool to identify known or suspected terrorists. The center obtains data from a variety of sources and then makes the data available to agencies charged with terrorist screening. Recent laws and regulations require screening for employees who work at some critical infrastructure sites, such as ports and chemical facilities. Unfortunately, the government has yet to finalize guidelines to manage this enormous task.

By Steven E. Roberts / Special to The National Law Journal

4 minute read

October 29, 2007 | National Law Journal

Patent infringement defendants welcome the decision by the U.S. Court of Appeals for the Federal Circuit to protect the attorney-client privilege for independent litigation counsel in the face of claims of willful infringement. But the absence of any guidance regarding the court's suggestion of "waiver-by-chicanery" may prove to be troublesome.

By Stephen P. Swinton and Adam A. Welland / Special to The National Law Journal

9 minute read

February 16, 2004 | National Law Journal

As the global economy makes the world a smaller place, many nations are looking to the United States model of bankruptcy with its emphasis on reorganization. Naysayers aside, this is a model worthy of adoption by other nations.

By Kevin LambSpecial to The National Law Journal

5 minute read