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July 2007 - Posts
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On July 25, the House Judiciary Committee voted to hold Harriet E. Miers, former White House counsel, and Joshua B. Bolten, President Bush's chief of staff, in contempt of Congress. Both, claiming executive privilege refused to respond to House subpoenas. To allow anyone to get away with willfully ignoring a subpoena would set a terrible precedent with regard to Congress' oversight powers.
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The Federal Arbitration Act of 1925 (FAA) allows arbitrators to charge fees far exceeding court costs, apply their own moral standards in lieu of applicable law to any matter brought before them and keep investors from conducting discovery to investigate disputed facts. Senators Russ Feingold and Patrick Leahy recently called attention to problems with the private arbitration process for investors making claims against the National Association of Securities Dealers. Others are joining the cause.
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Mothers who work at law firms know how motherhood becomes a switching station, where women move from "partnership track" to the "mommy track." It's time to get off the tracks and onto the train. The "mommy train" may be slower than conventional career trains, but it eventually leads to the same professional destination of career success and fulfillment.
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With his conviction on four felony counts, media baron Conrad Black became the latest high-profile defendant to discover too late that in a court of law, delusions of grandeur cannot overcome acts of dishonesty.
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A recent case in the Illinois courts shines a light on a relatively new corporate tactic: manipulating expert witness testimony. Negligent corporations have begun using their financial clout in an attempt to buy experts even academics. What's more, they have done so behind a veil of secrecy.
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Leegin decision supports the basic economic freedom of companies to compete as they see fit and to suffer the consequences should they choose poorly. The decision not only makes good economic sense but supports the fundamental purpose of antitrust laws.
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Conspicuously missing from the new team of corporate insiders recruited for federal enforcement of securities laws are members of the boards of directors the backbone of corporate governance.
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The changes required to avoid wrongful convictions are not unreasonably time-consuming or costly. Small improvements in three key areas can help increase the accuracy and reliability of the criminal justice system.
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The U.S. Supreme Court announced on June 29 that it would hear challenges by Guantánamo Bay detainees to the Military Commissions Act of 2006 and the Detainee Treatment Act of 2005. One of the key issues is whether the mechanism provided by the DTA for judicial review of determinations of the Combatant Status Review Tribunals in the U.S. Circuit Court of Appeals for the District of Columbia "can [e]ver be an adequate substitute for habeas."
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A new generation of wounded veterans faces obstacles in receiving medical care and benefits, but solutions are readily achievable.
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Does the Second Amendment prohibit government interference with the right of individuals to keep weapons for hunting and self-defense? As constitutional text goes, the Second Amendment may take the prize as the most incoherent provision of the document.
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