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September 06, 2004 | National Law Journal

Protect intent of donor

How should the American legal system handle questions relating to posthumous reproduction and inheritance rights, Social Security benefits and other issues? The basic approach should require evidence of the deceased parent's intentions, giving deference to intent.
5 minute read
October 29, 2007 | National Law Journal

Exercises in overkill

With or without constitutional sanction, the signing statement has been a presidential tool at least since the early 19th century. While President Bush is not out of line with the general trend, he has outdone his predecessors by far in finding fault with hundreds of particular provisions of bills. Insofar as these interpretive statements inform executive branch officers of a particular policy of the president, they overkill: Much the same result may be achieved by internal executive order or memorandum.
5 minute read
November 10, 2003 | National Law Journal

Cost-Shifting

Who pays for document reconstruction? The usual rule is that the responding party bears the cost of discovery. But there are exceptions, herein explored.
9 minute read
March 26, 2012 | National Law Journal

On health care's first day, jurisdiction argument fails to stop the show

The Supreme Court on Monday showed clear signs that it is ready to tackle the contentious issue of the constitutionality of the Affordable Care Act, sooner rather than later.
6 minute read
September 02, 2013 | National Law Journal

MOVERS

Karen Kepler joins Murtha Cullina's business and fin­ance department as partner in the Boston office. Plus more law firm movers in this week's column.
4 minute read
May 22, 2006 | National Law Journal

What to expect when you're expecting a JD

Associates are leaving firms earlier in their careers, in larger numbers and more frequently than ever before. I don't really understand this.
4 minute read
March 20, 2006 | National Law Journal

Making the Internet make sense

Profile of Kevin Lapidus, senior vice president and general counsel of Yellowbrix Inc.
5 minute read
March 02, 2009 | National Law Journal

U.S. as Business Partner

Both the massive "stimulus" package and the ongoing TARP bailout are taking the federal government where it has never gone before in its relationship to private business. Given the unprecedented injection of taxpayer funds into private industry, bailout recipients should prepare for an equally unprecedented level of scrutiny into business matters that previously avoided government oversight or enforcement. This environment calls for more focused compliance efforts, tuned specifically to the new reality.
8 minute read
March 02, 2009 | National Law Journal

RICO Developments 2009

The U.S. Supreme Court's decision in Bridge v. Phoenix Bond & Indemnity Co. was the most significant development under the Racketeer Influenced and Corrupt Organizations Act during the past year. This article summarizes Bridge and other significant recent cases.
9 minute read
August 16, 2010 | National Law Journal

The increasing importance of re-examinations

As demonstrated by a dramatic increase in recent filings, they can provide substantial benefits.
8 minute read