The National Law Journal

August 13, 2007 | National Law Journal

Nearly 20 years ago, Congress passed laws barring physicians from referring patients to facilities in which they have a direct or indirect financial interest. Now the gentleman after whom these laws are named, Representative Fortney "Pete" Stark, D-Calif., has retaken the gavel on the House Ways and Means Committee's health subcommittee. Additional scrutiny and possible reform surrounding financial incentives for physicians are expected.

By Jennifer Bell, Jacqueline Baratian and Sara Kraner / Special to The National Law Journal

11 minute read

November 17, 2003 | National Law Journal

On both the state and federal level, there exists a complex web of varying disclosure laws that franchisors must comply with. Therefore it�s essential that at the very inception of a new franchise, counsel be certain which states laws will apply and what disclosure will be necessary.

By David J. KaufmannSpecial to The National Law Journal

12 minute read

March 15, 2004 | National Law Journal

Attorneys for the California State Bar are taking the unusual step of appealing the reinstatement of a once-acclaimed civil rights lawyer. The bar has appealed a decision of its judges to reinstate A. Thomas Hunt, once a pioneering advocate for women and minorities whose troubles led to clients� complaints, his resignation from the bar and criminal charges.

By B.J. PalermoSpecial to The National Law Journal

5 minute read

April 09, 2007 | National Law Journal

Although much has been written on the pros and cons of international arbitration, one stage of the dispute-resolution process that many parties and practitioners often fail to focus on deserves to be discussed: post-arbitration enforcement proceedings.

By Peter J.W. Sherwin and Jordan B. Leader/Special to The National Law Journal

11 minute read

February 16, 2004 | National Law Journal

There was a time in the not-too-distant past when juries had a tough time believing that people in suits and ties actually committed "crimes"�even when they did something wrong. All that has changed and the shift in the culture has no better illustration than the very large sentence that Andrew Fastow has agreed to serve in connection with his guilty plea.

By Daniel SmallSpecial to The National Law Journal

5 minute read

May 23, 2005 | National Law Journal

Addressing a number of old and new issues relating to how the Foreign Corrupt Practices Act is administered and enforced could advance the public policy objective of preventing bribery of foreign government officials.

By Homer E. Moyer Jr.Special to The National Law Journal

5 minute read

May 26, 2008 | National Law Journal

In 1937, the Supreme Court, in Helvering v. Davis, applied the general welfare clause to uphold the constitutionality of the Social Security Act. The result has been a feast of government programs and regulations that would have been unimaginable to the framers. Since Helvering, not once has the court invalidated an act of Congress under the general welfare clause. Yet the U.S. government has immersed itself in a range of matters, including farm subsidies — none of which is among Congress' enumerated powers.

By Robert A. Levy / Special to The National Law Journal

5 minute read

September 01, 2003 | National Law Journal

The current dispute in Los Angeles over the construction of an 8,100-square-foot Orthodox synagogue in the heart of the pricey, residential Hancock Park section, offers a prime illustration of a major principle of law and economics: It is very hard to get things right in a second-best world.

By Richard A. EpsteinSpecial to The National Law Journal

5 minute read

February 02, 2009 | National Law Journal

On Jan. 14, when the application for Bernard Madoff's pretrial detention was denied, the public was outraged by this latest "defeat" in the Madoff bail watch. TV commentators got swept up in the public outcry. But the purpose of bail is to secure the defendant's presence in court for trial and to ensure that the public isn't endangered in the interim. The commentators need to get it straight. They must explain clearly to viewers the time-honored protocols and procedures of the criminal justice system.

By Joel Cohen / Special to The National Law Journal

5 minute read

January 22, 2007 | National Law Journal

Is there too much protectionism for patents and insufficient competition? This challenge emerges as a battle between two giant forces behind the American economic engine. KSR International Co. v. Teleflex Inc. and Technology Holding Co., No. 04-1350.

By Gerard P. Norton, Gerald Bilottto and Shahnam Sharareh/Special to The National Law Journal

12 minute read