The Review of Litigation

The Review of Litigation is a magazine focusing on Law

Articles from Vol. 25, No. 2, Spring

Class Actions in Arbitration
I. INTRODUCTIONIn recent years, arbitration has become increasingly favored by courts. Arbitration has been described as "sweeping across the American legal landscape . .. fundamentally reshaping the manner in which disputes are resolved in our legal...
DeWitt Clauses: Can We Protect Purchasers without Hurting Microsoft?
I. INTRODUCTIONIn 1983, Professor David DeWitt and others published a paper that proposed a standard for database benchmarks.1 Unfortunately for Oracle, a database software company, their product was a slow performer in the test.2 The CEO of Oracle,...
Interpreting the Hague Convention on International Child Abduction: Why American Courts Need to Reconcile the Rights of Non-Custodial Parents, the Best Interests of Abducted Children, and the Underlying Objectives of the Hague Convention
I. INTRODUCTIONChild abduction often conjures images of an unknown abductor forcefully snatching a child off the street. In the context of private international law, however, this term refers to the unilateral removal or retention of a child, often by...
Managing Confidential Relationships in Intellectual Property Transactions: Use Restrictions, Residual Knowledge Clauses, and Trade Secrets
I. INTRODUCTIONConfidential information is a very important and frequently misunderstood area of software license and development relationships. Often, the concept of confidential information, which is intended to protect pre-existing sensitive or proprietary...
"Sinners Who Find Religion": Advancement of Litigation Expenses to Corporate Officials Accused of Wrongdoing
I. INTRODUCTIONRecent decisions in Delaware-"the Mother Court of corporate law"1 and the state whose "rich abundance of corporate law"2 guides courts throughout the country due to "the special expertise and body of case law developed in the Delaware...
The Qualified Immunity Quagmire in Public Employees' Section 1983 Free Speech Cases
I. INTRODUCTIONWhen the Supreme Court first recognized the qualified immunity defense for public officials in a civil rights action brought under 42 U.S.C. § 1983(1) (§ 1983), it grounded its decision on a balancing of competing interests.2 The adoption...