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The National Law Journal

The National Law Journal

December 01, 2003 | National Law Journal

Feds pay in Superfund lawsuits

A recent settlement in which the federal government agreed to pay $27.5 million to help clean up a Superfund toxic waste site in Glen Cove, N.Y., illustrates what defense lawyers see as a growing trend in the government's willingness to settle such cases when the United States shares some liability.

By Sue ReisingerSpecial to the National Law Journal

6 minute read

May 16, 2007 | National Law Journal

Chemical facilities

The success of new Homeland Security regulations of chemical facilities will be in the details. And one of the most important details remains contested: pre-emption.

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

4 minute read

December 04, 2006 | National Law Journal

TRADEMARK | Can e-mail and screen names infringe?

Because the e-mail addresses and screen names used for these modes of communication are largely self-assigned, Internet users have the ability to use almost anything to identify themselves.

By David M. Kelly and Taylor C. Foss/Special to The National Law Journal

11 minute read

April 20, 2009 | National Law Journal

Opposing class certification with a one-two punch

At the end of 2008, the 3d U.S. Circuit Court of Appeals issued an important decision that raised the bar for plaintiffs to obtain class certification with In re Hydrogen Peroxide Antitrust Litig. While a landmark decision in class certification law, it can also be understood as the latest case in a continuing trend among federal appellate courts holding that district courts should carefully weigh and resolve conflicting expert testimony at the class certification stage.

By David L. Hanselman Jr. and Jennifer Smulin Diver / Special to The National Law Journal

11 minute read

March 24, 2008 | National Law Journal

Seeking a professional I.D.

A healthy discussion about professional identity has emerged from the Carnegie Foundation's influential 2007 report on legal education. It states that preparation for practice should involve three "apprenticeships": cognitive, practical, and ethical-social. Wisely, the report recognizes that it would be both "illegitimate and ineffective" for law professors to seek to indoctrinate students with some preferred view of "justice." But it insists that ethics, morals and justice be addressed regularly.

By Lawrence K. Hellman / Special to The National Law Journal

5 minute read

February 05, 2007 | National Law Journal

Getting that culture thing

Since '99, the corporate world has shifted attention from "corporate compliance" to building "organizational cultures" that focus on "ethics and compliance."

By Timothy L. Fort/Special to The National Law Journal

5 minute read

January 24, 2005 | National Law Journal

Proposing a post-grant review

The growing interest in the adoption of post-grant reviews and opposition proceedings has been bolstered from the official backing of an effective system for implementation by various agencies.

By Glenn A. Ousterhout Special to The National Law Journal

13 minute read

July 30, 2007 | National Law Journal

The wrong kind of 'interesting'

It has been almost a year since The National Law Journal ran an article surveying the wave of nationalizations and expropriations pouring over much of Latin America. It is a good time to update these developments and take stock of their legal implications.

By Marco E. Schnabl and Julie B�dard / Special to The National Law Journal

12 minute read

September 05, 2005 | National Law Journal

Potential for danger

We should learn now whether or not Judge Roberts will seek to propitiate specific groups or causes. This is not an idle question; there is solid evidence that incumbent justices have engaged in such a process.

By Harvard HollenbergSpecial to The National Law Journal

4 minute read

November 17, 2008 | National Law Journal

Make a fresh start

One of the most critical assignments that the Constitution delegates to the president is the selection of federal judges. For 20 years, divisive partisanship has troubled the process. The elections of Barack Obama and of the 111th Senate, in which Democrats and independents will have at least a 56-44 majority, offer an opportunity for a fresh start. If both work together in a bipartisan manner, they can speed the appointment of many talented judges, who can promptly, economically and fairly resolve cases.

By Carl Tobias / Special to The National Law Journal

4 minute read