The case of Siegel and Shuster is slightly unique because they created the Material in Action#1 as a comic strip, tried to sell it in syndication and then repurposed the material as a comic book.
The law which gave them some leverage was designed to help creators who sell their creation to a media corporation because only the media corporation has the tools and network to sell it. (And ironically, the case of Siegel and Shsuter was one justification for the existence of the law.)
While not opposed to Kane and Kirby (and Ditko and Cockrum and etc) getting more dough, it is harder for them because in most cases they created the work as employees.
1. Is that what they're going for? 2. I was gonna say no, but damned if it doesn't. I hope not thought. I'd really like some Batman stories without any supernatural or cosmic bullcrap for awhile. 3. Probably because fanboys would bitch.