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July 09, 2007 | National Law Journal

Calif. high court to hear contentious gay rights case

A war of the amici is under way as California justices prepare for what could be one of their most controversial cases in years. Forty groups have filed amicus curiae briefs in the case, which pits doctors' rights to religious expression against patients' rights to treatment without discrimination. The case involves two doctors who, based on their Christian beliefs, refused to provide artificial insemination to a lesbian. The case hasn't been set yet for oral argument, but emotions are already running high.
6 minute read
March 05, 2012 | National Law Journal

Commentary: Health care law challenge should not be barred — A regulatory penalty is not a tax

Before reaching the issue of whether the federal government can constitutionally require people to buy health insurance, the U.S. Supreme Court will grapple with whether such a challenge can even be brought in light of an obscure statute called the Tax Anti-Injunction Act (AIA). Indeed, the Court recently added half an hour to the time allotted to this issue — 90 minutes total — on the first day of arguments in the case challenging the Affordable Care Act, March 26.
5 minute read
September 24, 2008 | National Law Journal

Bailout debate includes fight over critical power for bankruptcy judges

The lending industry and debtor-homeowner advocates are facing off over the possibility of the financial bailout proposal giving bankruptcy judges the power to "strip down" mortgages — to modify home mortgages by reducing the amount of the debt to the fair market value of the property, if the property is worth less than the amount of the debt. But it might surprise some to learn that many bankruptcy attorneys and judges once believed bankruptcy judges had that power — and used it without disastrous results.
7 minute read
July 30, 2007 | National Law Journal

U.S. wakes up to the changed Chinese marketplace

The U.S. government acknowledged that in China's current economy "entrepreneurship is flourishing" and that the People's Republic "has dismantled its monopoly over foreign trade." Welcomed words in some quarters, no doubt, but not cause for the confetti to start flying in Beijing quite yet.
8 minute read
September 16, 2008 | National Law Journal

Law schools should be broad in scope and disciplines

Legal education is at a crossroads. Amid competition for faculty, students and prestige, public institutions could become second-class citizens in the law school hierarchy, signaling an end to an experiment in social opportunity and multicultural democracy. Sandra Day O'Connor College of Law Dean Paul Schiff Berman says we need to expand access and opportunity and rise to new heights in scholarship, academic excellence and global contribution. He offers three initiatives that can help.
4 minute read
September 05, 2005 | National Law Journal

Managing risks of terror

When dangers outnumber the resources to confront them, attempting to secure every possible target against every possible contingency is unreasonable-and, arguably, dangerous. Risk management represents a sensible way to address security challenges while preserving the openness and freedoms that must be protected most.
4 minute read
June 30, 2008 | National Law Journal

Enact the ADAAA

On June 25, almost 18 years after enactment of the Americans With Disabilities Act (ADA), the House of Representatives passed H.R. 3195, the ADA Amendments Act (ADAAA). The ADAAA now awaits Senate action — and, one hopes, prompt approval by President Bush. Indeed, it is high time that Congress give back what the U.S. Supreme Court has taken away. As a result of grudging construction, the ADA's workplace provisions fall far short of furnishing the protective umbrella envisioned by the act's architects.
4 minute read
March 26, 2007 | National Law Journal

A lawyer's panorama

When the mounting pressures of civil litigation seem at a boiling point, keep in mind the enormous impact unfair rulings can have on parties involved in criminal law.
6 minute read
November 23, 2010 | National Law Journal

Historical Precedents: The Secret Meaning of Intent

Justices Antonin Scalia and Stephen Breyer have sparred recently over the proper way to interpret statutes. But as seen in a pair of letters exchanged in 1917 by Justice William R. Day and Rep. James Mann, it's an issue that's vexed any number of justices.
7 minute read
December 12, 2005 | National Law Journal

Political loyalty v. the Fifth

Given that Cheney-staffer Lewis Libby�s indictment was all about answering questions on a highly charged foreign policy issue, the political considerations are obvious. But so too are the criminal implications. Anyone other than a high government official in Libby�s situation would clearly have been advised to invoke his Fifth Amendment right to silence.
5 minute read

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