The National Law Journal

August 13, 2007 | National Law Journal

Independent hospitals and smaller health systems are examining ways they can grow. And larger health systems are discovering, especially in areas of low population growth, that they need to gain market share or expand the service area in order to grow. This can be difficult in ultra-competitive health care markets or areas where there is little population growth. So they seek to partner.

By Steven A. Eisenberg / Special to The National Law Journal

14 minute read

November 05, 2007 | National Law Journal

The University of California at Irvine Donald Bren School of Law is set to open in only two years. Yet, with roughly 9,000 soon-to-be attorneys awaiting their July California bar results, competition within the job market is noticeably fierce. The consequences of California's surplus of law schools and excess attorneys are monumental. Even some of the more prestigious schools have numerous graduates continuing to search for legal work. Adding an additional law school to the mix is a recipe for disaster.

By Stephanie Dowds / Special to The National Law Journal

5 minute read

June 16, 2008 | National Law Journal

By Emily Heller / Special to The National Law Journal

5 minute read

October 29, 2007 | National Law Journal

It's unclear if U.S. courts will recognize trademark rights based on a significant degree of mark recognition, but no actual domestic usage. The 2d U.S. Circuit Court of Appeals earlier this year rejected the "famous marks" doctrine and the rationale the 9th Circuit gave for it in 2004. Because the U.S. Supreme Court recently denied certiorari in the 2d Circuit's case, the circuit split won't be resolved soon.

By Bruce J. Goldner and Kenneth A. Plevan / Special to The National Law Journal

11 minute read

November 17, 2003 | National Law Journal

Breaking up a franchise relationship can be a dicey proposition, complete the possibilities of injunctions and suits for damages that live on long after the final goodbye. But careful planning can help make a franchise failure less of a disaster and safeguard precious trademark rights.

By Joseph Schumacher and Kimberly S. ToomeySpecial to The National Law Journal

10 minute read

January 17, 2005 | National Law Journal

The high-profile cases of Raich (involving medical marijuana) and the companion cases of Granholm and Swedenburg (involving protestionist state laws prohibiting direct-to-consumer liquor sales) present the U.S. Supreme Court with the opportunity to re-examine the New Deal ruling it rendered in Wickard, and breathe new life in state social and economic experiments.

By Richard A. EpsteinSpecial to The National Law Journal

5 minute read

November 24, 2003 | National Law Journal

When Justices Ginsberg and Kennedy cited to foreign law in the Lawrence decision, they may have presaged an important trend for U.S. courts�looking to international human rights standards in deciding domestic civil rights cases.

By Ann BeesonSpecial to The National Law Journal

5 minute read

November 06, 2006 | National Law Journal

On October 18, the SEC adopted simple, yet significant, changes to the best-price rule. If the agency acts as expected, tender offers likely will regain their prominence as the transaction structure of choice for many U.S. public-company acquisitions.

By Mark E. Betzen and Jeffrey D. Litle/Special to The National Law Journal

11 minute read

May 17, 2004 | National Law Journal

What lessons can we learn from the recent media feeding frenzies over the Stewart and Tyco trials? If nothing else, we should be convinced of the sanctity of the hands off rule when it comes to juries. We ask a lot of jurors, and the least we can do is give them the anonymity and refuge from the glaring eyes of the media that they need to deliberate in peaceeven if that means a little less public and media access.

By Daniel Small Special to The National Law Journal

5 minute read

January 19, 2004 | National Law Journal

Just as there are certain rebutable presumptions under the law, jurors bring with them presumptions about corporate behavior that lawyers will need to rebut through evidence and argument. For the most part, today�s jurors bring many negative assumptions about corporations into the courtroom with them.

By Charles KauffmanSpecial to The National Law Journal

11 minute read