National Law Journal

OPINION: Putting an end to 'lawfare'

Law.com - National Law Journal — Sat, 13 Mar 2010 19:20:32 GMT

Last January, the attorney general of the United Kingdom assured a Hebrew University audience that she would stop her country's police from arresting visiting Israeli dignitaries. The fact that she deemed it necessary to provide that assurance illustrates the latest manifestation of "lawfare."...(read more)

OPINION: Scrap the patent reform bill

Law.com - National Law Journal — Sat, 13 Mar 2010 19:20:32 GMT

Congress should start all over, making sure that patent law continues to reward the first true inventor, not the first to file....(read more)

OPINION: Rule of law or luck of the draw?

Law.com - National Law Journal — Sat, 13 Mar 2010 19:20:31 GMT

Diametrically opposed appellate rulings on the same set of facts should not co-exist in a rational legal system....(read more)

The NFL is not a single entity

Law.com - National Law Journal — Wed, 03 Feb 2010 22:08:00 GMT

Teams within the league compete with each other for players, coaches, fans, sponsors and even home cities and stadiums....(read more)

Beware the fortunetellers

Law.com - National Law Journal — Wed, 03 Feb 2010 22:07:59 GMT

Citizens United will significantly alter the regulation of campaign spending, but it's hard to foresee its implications with any real confidence....(read more)

OPINION: Pulling the plug on capital punishment

Law.com - National Law Journal — Wed, 09 Dec 2009 17:54:40 GMT

The American Law Institute, a little-known but prestigious organization of lawyers and judges, withdrew its approval for the standards created by the institute's 1963 Model Penal Code to guide juries in the choice between long prison terms and execution. What might this portend for the future of the death penalty?...(read more)

OPINION: Legitimizing retaliation

Law.com - National Law Journal — Wed, 02 Dec 2009 11:20:40 GMT

Since Garcetti, circuit courts have upheld retaliation for reports of corruption, especially in police departments....(read more)

OPINION: Let's clarify 'counsel'

Law.com - National Law Journal — Wed, 02 Dec 2009 11:20:38 GMT

As the economic downturn continues to run its course, many law firms are hiring for various counsel positions. It is imperative for firms to carefully define each "counsel" position they choose to establish....(read more)

OPINION: When procedure trumps justice

Law.com - National Law Journal — Tue, 03 Nov 2009 20:53:49 GMT

Procedural gamesmanship by prosecutors is not new, but proving denial of a fair trial is getting harder....(read more)

OPINION: A win for people with mental disabilities

Law.com - National Law Journal — Tue, 03 Nov 2009 20:53:48 GMT

A landmark opinion holds that the use of adult homes unjustifiably prevented integration of the mentally ill into society....(read more)

OPINION: LETTERS TO THE EDITOR

Law.com - National Law Journal — Thu, 01 Oct 2009 12:44:54 GMT

An associate special counsel responds to an article's characterization of his office as "out of air," and readers critique the recent analysis of the Horne decision in this week's letters to the editor....(read more)

OPINION: Strange justice in Indian country

Law.com - National Law Journal — Thu, 01 Oct 2009 12:44:53 GMT

The treatment of native peoples is one of the darkest chapters in American history. Although nothing can be done to change that history, extending basic legal protections to residents of Indian country, equal to those enjoyed by their fellow citizens, is a modest goal....(read more)

OPINION: What public access?

Law.com - National Law Journal — Wed, 16 Sep 2009 07:53:46 GMT

The most effective way to teach law students how to conduct legal research is to provide hands-on training, but one of the most important tools, PACER, is off limits....(read more)

OPINION: Strengthen investor rights

Law.com - National Law Journal — Wed, 16 Sep 2009 07:53:46 GMT

As Congress now prepares to overhaul the regulation of our financial institutions, it should straighten out inconsistencies in the remedies that our securities laws provide to defrauded investors to give them all robust federal remedies....(read more)

Hiding behind the robes

Law.com - National Law Journal — Tue, 11 Aug 2009 17:33:45 GMT

A formal code of conduct forbids law clerks from discussing their job duties, a code that some justices have interpreted to extend beyond the clerkship itself. Yet on those few rare occasions when the justices discuss their staffs, they vigorously (if not dismissively) deny that their clerks wield any influence over the decision-making process. Thus we are left with a mystery: If clerks do not exercise undue influence, then why all the fuss and secrecy over their job duties? Such unnecessary concealment only erodes the public's confidence in its government institutions....(read more)