Negotiating a Software License
Software is neither fish nor fowl, for it looks as though it is bought and sold like a good but it is a license and not a tangible product.

Sunshine Act Agency Meetings in Post-September 11 Washington, D.C.
In the aftermath of the terrorist attacks of September 11, 2001, Sunshine agencies have had to consider how the security requirements of the “war on terrorism” can be reconciled with their obligations under the Sunshine Act. Enhanced pre-meeting security checks are only the tip of the iceberg. So what else should be considered?

The Possible Immigration Consequences of a Conviction: Your Ethical Duty to Your Client
Cases generally recognize that effective lawyers and judges attend to the possible collateral consequences of criminal convictions; some state statutes now require it. Read on for more. . . .

How to Make a Successful Freedom of Information Act Request
When you submit a record request to a federal agency, it is the agency’s obligation to conduct a reasonable search for those records.  To expedite the process, read on for a checklist in making a successful FOIA request.

Bankruptcy Reform Act of 2005 - No Winners?
The members of Congress who supported the Bankruptcy Reform Act (BRA) and the credit industry lobbyists who paid for it did not bother to calculate the full cost of the BRA. There are no clear winners under the BRA (except credit counselors).  But, there are some very clear costs to lawyers and their clients.

Internal Investigations into Violations of Securities Laws               
Any internal investigation calls upon the lawyer to negotiate between Scylla and Charybdis: the risks of exposing the corporation to increased liability by failing to inquire sufficiently into possible wrongdoing, and the risks of exposing the company to increased liability by developing evidence of that wrongdoing that can later be used against the corporation. Internal investigations into violations of securities laws add two twists that heighten the challenge; read on to learn more.

What to Do After Reporting a Malpractice Claim
Once a malpractice claim is made against you and you have reported it to the appropriate carrier, you have a duty to cooperate with your carrier in the investigation of that claim. Few policies are very specific about the scope of the insured's duty to cooperate; most of them say the insured must cooperate in the investigation and defense of claims. Invariably, however, the cooperation clause prohibits the insured from admitting liability, settling claims without the advance approval of the carrier, or taking any other action that might prejudice the carrier’s ability to defend, adjust, or settle the claim. Read on for a list of the kinds of activities that may be included within the obligation to cooperate, while also asserting appropriate requests to be involved in the process of responding to the claim.

Offering Free Credit? You May Be Breaking the Law
No Closing Costs! No Finance Charges! No Monthly Fees! Not so fast, lawmakers who framed the Truth in Lending Act warn.

Preserving Affordable Housing
In recent years the number of units of affordable rental housing has been shrinking despite the fact that the need for such housing has increased. One reason for the decline in numbers is that owners of federally subsidized housing units are withdrawing units from affordable housing stocks to convert them to higher market-rate rents or to other uses. The federal, state, and local governments have responded to the preservation problem in two ways.

The USA PATRIOT Act - Point/Counterpoint
On February 2, 2006, the Senate voted 95 to 1 for a second five-week extension of the antiterrorism law known as the USA PATRIOT Act. The extension, which was approved by the House, has been sent to President Bush to be signed into law. This extension gives negotiators until March 10 to work out a deal. The USA PATRIOT Act has stirred up heated passions on everything from civil liberties to privacy. Read on for two differing views of Section 203, the Authority to Share Criminal Investigation Information.

Willis Van Devanter, James C. McReynolds, George Sutherland, and Pierce Butler, the four Supreme Court justices who staunchly opposed New Deal legislation both before and after the so-called Judicial Revolution of 1937, were derided by their contemporary critics as the "Four Horsemen of the Apocalypse" because their strident warnings about the dangers of governmental economic regulations seemed to prophesy the imminent demise of capitalism and democracy.

Find out more about the history of the Supreme Court in The United States Supreme Court: The Pursuit of Justice, edited by Christopher Tomlins, senior research fellow at the American Bar Foundation, and published by Houghton Mifflin.

NEW BOOKS FROM ABA PUBLISHING

The Criminal Lawyer's Guide to Immigration Law:  Questions and Answers, Second Edition
ABA Criminal Justice Section
The Electronic Formbook
ABA Law Practice Management Section
The Merger Review Process:  A Step-by-Step Guide to U.S. and Foreign Merger Review, Third Edition
ABA Section of Antitrust Law
The Portable Bankruptcy Code & Rules, 2006 Edition
ABA Section of Business Law
A Practical Guide to Software Licensing for Licensees and Licensors: Analyses and Model Forms
ABA Section of Business Law
Spoliation of Evidence, Second Edition
Tort Trial and Insurance Practice Section

Freakonomics and more products from the American Bar Foundation
Harvard Business Review on Decision Making and more HBSP products
The Official Scrabble Players Dictionary and more products from Merriam-Webster
New to the ABA Web Store!

Eminent Domain Use and Abuse: Kelo in Context
ABA Section of State and Local Government Law
Scientific Evidence Review: Current Issues at the Crossroads of Science, Technology and the Law, Monograph No. 7
ABA Section of Science and Technology Law