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  • BUSINESS-METHOD PATENTS: Crucial for innovation



    All 12 judges on the U.S. Court of Appeals for the Federal Circuit heard arguments last week in a case of enormous significance to the continued health and vitality of innovation in the United States. In an effort to mend an ailing patent-examination system, one that remains unfortunately overburdened and understaffed, the U.S. Patent and Trademark Office recommended a course of treatment whereby the PTO simply refuses to examine business-related patents.
  • FTC'S 'GREEN GUIDES': Businesses, beware



    Businesses that make misleading environmental claims about the products or services they offer better watch out ? judgment day may be near. The Federal Trade Commission is revising its "Green Guides" for environmental marketing claims and courts have held that FTC guidelines should be given weight in determining whether a defendant's marketing claims are false or misleading. More ominously, several states have enacted laws that write part or all of the Green Guides into state law.
  • 'BAZE V. REES': Fearing too much justice



    Baze v. Rees. On the limited facts before the court, Chief Justice John G. Roberts Jr. took the view that delivery of the anesthetic is a relatively simple endeavor. But in other states, where courts have allowed full inquiry, it has become apparent that getting the first dose "right" is not a simple matter. It is scrutiny that some members of the Supreme Court fear — too much truth about how the death penalty operates.
  • NONPROSECUTION AGREEMENTS: They are useful devices



    It is good news for thousands of innocent employees and shareholders across the country that the U.S. Department of Justice is increasingly offering deferred prosecution and nonprosecution agreements to resolve corporate criminal investigations, rather than the all-or-nothing choice between indictment and no charge at all. Yet this trend has lately provoked some to conclude that the federal government has gone soft on white-collar crime.
  • THE 'TORTURE MEMOS': Lessons for all of us



    It is easy to believe that John Yoo wrote his widely discredited "torture memos" because he holds radical views of presidential authority or because he has some unusual moral failing. The reality, however, may be far more ordinary and disturbing: He willfully followed the lead of White House officials who were eager to find a legal justification for torture.
  • THE PROFESSION: When lawyers are addicted



    Attorneys experience addiction at higher rates than one might think. They are adept at the "game face" and can often hide the addiction well. Drug rehabs or in-patient hospitals are not always viable options for professionals who simply cannot check out of society and leave their practices and family for lengthy treatments. For them, a modified at-home treatment protocol is prescribed. There are special methods, using cutting-edge medications, to help deter drug cravings, and minimize withdrawal symptoms.
  • A political prosecution?



    The 11th U.S. Circuit Court of Appeals ordered Don Siegelman, a former governor of Alabama, released last month pending his appeal of a conviction on bribery and corruption charges. The conviction has been the focus of controversy in recent months, primarily over allegations that it was politically motivated. While we are not in a position to comment on the verdict, the case certainly raises some red flags, and the 11th Circuit seems justified in having released Siegelman pending appeal.
  • I like my uniform



    While I'm no clotheshorse, I have pretty strong views on appropriate professional attire. I've watched the evolution of what lawyers wear for the past 25 years with interest, and I'm not a big fan of the trajectory. On Wall Street in the mid-1980s, things sartorial were pretty hidebound, but, that changed at the time of the "Internet Bubble." The Young Turks of technology didn't wear ties and so we shouldn't either. But my suit is my uniform. It marks me off from the rest. I'm comfortable with that.
  • There's no right to punitives



    The high court recently heard oral arguments in a case about the propriety of a large punitive damages award against Exxon arising out of the grounding of the Exxon Valdez and the spilling of millions of gallons of oil into Prince William Sound, Alaska. The real issue is whether a $2.5 billion exaction is reasonably necessary to punish and deter. Given that Exxon never intended to hurt anyone yet already has paid more than $3.4 billion in damages, settlements, remediation costs and fines, the answer is no.
  • Time to accede, at last



    With recent years of difficult foreign relations, there is much discourse in the United States as to how it might better wield influence and renew its global leadership. Many point to more consistent leadership on rule of law matters. One way to start is by acceding to the United Nations Convention on the Law of the Sea (UNCLOS). In October, the Senate Foreign Relations Committee voted, 17-4, to recommend accession. Recent developments have added urgency for our country finally to accede to this accord.
  • World Justice Forum



    In July, leaders of diverse professions from many nations, will gather in Vienna, Austria, with a shared belief: We will all gain by strengthening the rule of law. The World Justice Forum is striking for who will attend. Besides judges and lawyers, there will be leaders in architecture, arts, business, education, engineering, environment, faith, human rights, labor, law enforcement, media, military and public health. Can nonlawyers make significant contributions in advancing the rule of law? Absolutely.
  • Inventing a better index



    Congress and the U.S. Supreme Court have begun addressing problems in our patent system. Now it's our turn to help. Simply put, there are too many patents of questionable quality. Studies assert that patents of poor quality cost the economy $4.5 billion annually. We need to create a set of metrics that measures patent quality.
  • Letters to the Editor



    Law schools getting real means getting hands-on practice in the real world, not somewhat more realistic make-believe activities, writes a George Washington University law professor. Plus, more of this week's letters to the editor.
  • OUR VIEW: A political prosecution?



    The 11th U.S. Circuit Court of Appeals ordered Don Siegelman, a former governor of Alabama, was released last month pending his appeal of a conviction on bribery and corruption charges. The conviction has been the focus of controversy in recent months, primarily over allegations that it was politically motivated. While we are not in a position to comment on the verdict, the case certainly raises some red flags, and the 11th Circuit seems justified in having released Siegelman pending appeal.
  • PROFESSIONAL ATTIRE: I like my uniform



    While I'm no clotheshorse, I have pretty strong views on appropriate professional attire. I've watched the evolution of what lawyers wear for the past 25 years with interest, and I'm not a big fan of the trajectory. On Wall Street in the mid-1980s, things sartorial were pretty hidebound, but, that changed at the time of the "Internet Bubble." The Young Turks of technology didn't wear ties and so we shouldn't either. But my suit is my uniform. It marks me off from the rest. I'm comfortable with that.
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