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Latest Stories

October 19, 2009 | National Law Journal

Judges' questions present a road map

Many lawyers seem to believe the purpose of oral argument is to touch briefly on each argument. This approach to oral argument is seriously flawed. What advocates can do to avoid missing out on rare, and valuable, opportunities to engage a decision-maker, will be the subject of this column.
7 minute read
January 09, 2006 | National Law Journal

A judge and newspaper escalate their legal war

A Boston tabloid that took on a state court judge's sentencing practices in a series of stories four years ago is challenging the $2 million verdict it lost to him in February 2005 in a libel case arising from that reporting.
4 minute read
November 26, 2012 | National Law Journal

Notable circuit splits on federal procedural issues

One issue dividing the circuits is whether a court may transfer part of an action while retaining the remainder.
8 minute read
June 23, 2010 | National Law Journal

Brief of the Week: In Beer v. U.S., a fight over judicial pay

James Madison proposed indexing judicial pay to the price of wheat or another commodity. But a commodity of stable value couldn't be found, so instead the founding fathers bestowed upon Congress the authority to raise judges' salaries. The compromise helped to create today's tension among the Compensation Clause's goal of preserving judicial pay, inflation's erosion of that pay, and Congress' control of judicial pay, according to an amicus brief challenging Congress' failure to appropriate judicial cost-of-living increases.
6 minute read
April 05, 2007 | National Law Journal

Sun lawyer takes the helm at KLA

Brian Martin, who has spent the last 10 years on Sun Microsystems' legal staff, started Monday as GC of semiconductor equipment maker KLA-Tencor. His extensive securities experience may serve him well at San Jose, Calif.'s KLA, which remains the subject of probes by the Department of Justice and the Securities and Exchange Commission. The company fired its chief executive, and saw its chairman and its general counsel step down in October after the company admitted to improperly backdating stock options.
3 minute read
August 22, 2008 | National Law Journal

Duane Morris lays off additional staff

On the heels of the announcement Wednesday that Duane Morris laid off seven people from its marketing department, word has emerged that the firm has laid off additional staff members in other departments. The firm put the number at 15 and said almost all of those affected were in Philadelphia.
4 minute read
January 08, 2007 | National Law Journal

VERDICTS & SETTLEMENTS

4 minute read
June 20, 2011 | National Law Journal

As final conference looms, advocates wait for word on pending petitions

This Thursday's conference, at which the justices discuss pending petitions, represents the final chance advocates have for their cases to be granted review before the long summer recess begins. By reputation if not reality, the final conference is said to yield more grants than others, leading some lawyers to use filing extensions and other maneuvers to get their cases on that day's conference agenda.
5 minute read
September 01, 2008 | National Law Journal

Divided on unanimity

Nearly 40 years ago, the U.S. Supreme Court found no constitutional problem with nonunanimous jury verdicts in serious state criminal trials. Have modern jury research and the justices' own recent rulings turned that 1972 precedent into an unconstitutional anachronism? Lawyers for a Louisiana inmate say the answer is yes, and they make the argument in a petition asking the justices to overturn Apodaca v. Oregon.
6 minute read
August 13, 2007 | National Law Journal

Caution may give way to axe

The just-ended term of the U.S. Supreme Court demonstrates the powerful effect of the two Bush appointments as major 5-4 opinions begin to reshape American constitutional law over the protests of court liberals and centrists. So far, those opinions have only cautiously overruled precedent. As the new majority consolidates, it is likely that this caution will evaporate and that numerous landmark decisions will not just be gutted, but will fall before the activist axe.
5 minute read

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