The Review of Litigation

The Review of Litigation is a magazine focusing on Law

Articles from Vol. 28, No. 1, Fall

Changing with the Times: How the Government Must Adapt to Prevent the Publication of Its Secrets
I. INTRODUCTIONOn Friday, February 15, 2008, a district court judge in San Francisco ordered Dynadot, an Internet Service Provider (ISP), to shut down a website it was hosting, http://wikileaks.org (Wikileaks).1 Wikileaks encourages everyday Internet...
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Patent Claim Construction: A Sliding-Scale Standard of Review
I. INTRODUCTIONIn patent suits, a determination of patent infringement consists of two steps.1 First, the court must determine the scope of the patent claims; second, it must compare the properly construed claims to die allegedly infringing device. Construction...
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Repercussions and Recourse for Specially Designated Terrorist Organizations Acquitted of Materially Supporting Terrorism
I. INTRODUCTIONOn October 22, 2007, U.S. District Judge A. Joe Fish declared a mistrial in what had been labeled one of the most important terrorist financing cases the United States had brought since the attacks of September 11, 2001. The charges stemmed...
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Rigorous Analysis of the Class Certification Expert: The Roles of Daubert and the Defendant's Proof
I. INTRODUCTIONA lawsuit may not be certified as a class action unless the named plaintiff shows that the central facts of the case will be proved on a class-wide basis.1 The named plaintiff often attempts to meet this burden through an expert witness,...
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The Curious Appellate Judge: Ethical Limits on Independent Research
I. INTRODUCTIONA. TemptationAppellate judges in the twenty-first century find themselves in a world where litigation - both civil and criminal - involves a vast array of complex and technical factual disputes. These lawsuits, in turn, may cause judges...
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The Enigma of Standing Doctrine in Texas Courts
I. INTRODUCTIONAs a general rule, Texas law traditionally has required a claimant to possess a common law or a statutory right of action, or in public rights cases, to have a personal interest in die enforcement of the public right distinct from and...
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Twombly: The Demise of Notice Pleading, the Triumph of Milton Handler, and the Uncertain Future of Private Antitrust Enforcement
I. INTRODUCTIONIn a 7-2 decision, the Supreme Court in Bell Atlantic Corp. v. Twombly reversed the Second Circuit and held that a complaint that alleged mere parallel behavior among rival telecommunications companies, coupled with stray statements of...
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