Commentary

  • New York Law Journal

    DOJ Encourages Waiving Attorney-Client Privilege

    By Tamara Loomis | February 21, 2003

    When the Securities and Exchange Commission first floated its "noisy withdrawal" proposal late last year as part of a package of Sarbanes-Oxley reforms, the corporate bar nearly had collective

  • New Jersey Law Journal

    A Lesson for Witnesses

    By Dan Small | July 4, 2005

    It's not as embarrassing as the famous "Dewey Beats Truman" headline misstep, but the dramatic conviction of Tyco International Ltd. ex-Chief Executive Officer Dennis Koslowski caught Newsw

  • Legal Times

    Ease Burdens on Business

    By William A. Niskanen | December 25, 2006

    The stereotype is that Democrats are less open to the concerns of American business than are Republicans. The surprising — indeed, encouraging — reality is that

  • New Jersey Law Journal

    Roberts' Readiness To Bend the Rules

    By Michael Halley | July 24, 2006

    For those interested in assessing the strength of Chief Justice Roberts' allegiance to the judicial philosophy of Justices Antonin Scalia and Clarence Thomas, the Court's decisions in Day v. M

  • Legal Times

    A Timely History Lesson

    By Joel Chineson | February 14, 2002

    "Those who forget the past are doomed to repeat it." This hoary chestnut, attributed to George Santayana, has been invoked so often that its meaning has been all but lost through repetit

  • The Recorder

    Accepting MCLE With Class

    By Scott Graham | June 21, 2001

    The State Bar of California is gearing up to add more hours to the CLE requirement. The reaction from lawyers everywhere is predictable:"No-o-o-o-o!"But think about it, counsel

  • New Jersey Law Journal

    Palatable Way To End Fight Over Embryonic Stem Cell Research

    By Michael Goldsmith | February 16, 2007

    Many thousands of Americans with terminal illnesses hope the 110th Congress supports their "right to life" by expanding federal funding for embryonic stem cell research. As 80 Noble laureates

  • Legal Times

    President's Game? History Refutes Claims to Unlimited Power Over Foreign Affairs

    By Louis Fisher | December 4, 2006

    Advocates of unchecked presidential power in the post-9/11 period rely heavily on the Supreme Court's decision in a href="http://supct.law.cornell.edu/supct/html/historics/USSC_CR_0299_

  • The American Lawyer

    Still Burning

    By Ann Woolner | January 3, 2000

    If Chris and Maxine McNair have a hard time closing the door on the past, anyone could understand.On a Sunday morning 36 years ago, their 11-year-old daughter and three other girls, all dres

  • The American Lawyer

    Missile Defense Defense

    By Jack Goldsmith and John Yoo | April 20, 2001

    The legal controversy over national missile defense (NMD) reminds us of the words of the great strategist Yogi Berra: "It's d�j� vu all over again." In the 1980s President Ronald Reagan

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