The Review of Litigation

The Review of Litigation is a magazine focusing on Law

Articles from Vol. 23, No. 3, Summer

Case Study: Does I V. the Gap, Inc.: Can a Sweatshop Suit Settlement Save Saipan?
I. INTRODUCTIONAfter visiting a Saipan garment factory in 1998, U.S. Representative Tom DeLay stated, "I didn't see anyone sweating."1 In 2002, a district court judge disagreed and denied motions to dismiss garment workers' claims against major United...
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Democracies Die Behind Closed Doors: Post-September 11th Immigration Proceedings, the Creppy Directive, and Public Access
I. INTRODUCTIONIn the wake of September 11th, the question of how best to deal with threats to national security has consumed our nation. Increasingly, the government has been forced to struggle with how best to protect the country while continuing to...
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False Conflicts and Faulty Analyses: Judicial Misuse of Governmental Interests in the Second Restatement of Conflict of Laws
I. INTRODUCTIONThe Second Restatement of Conflict of Laws2 has the irony of dominating the field while bewildering its users.3 The result is a set of choice-of-law decisions so lacking in uniformity that the Second Restatement's balancing test has become...
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Rendering a Taxing New Tide on I.R.C. § 501(c)(3): The Constitutional Implications of H.R. 2357 and Alternatives for Increased Political Freedom in Houses of Worship
I. INTRODUCTIONHouses of worship have been a fixture in America's sociopolitical process since our quest for independence, and they surely will continue to play an important role in both mainstream and alternative methodologies.1 Indeed, the nation's...
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Taking Aim at the Hydra: Why the "Allied-Party Doctrine" Should Not Apply in Qui Tam Cases When the Government Declines to Intervene
I. INTRODUCTIONIt seems since antiquity every lawyer has been force-fed the notion that litigants have a right to uncover what some refer to as "every man's evidence."1 Because the law favors the unearthing of otherwise competent evidence, it is perhaps...
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Testing the Outer Limits of Commercial Speech: Its First Amendment Implications
I. INTRODUCTIONThe increasing tension between what the courts have deemed to be the necessary restrictions on "commercial speech" in order to protect consumers, on the one hand, and the important constitutional protections typically afforded free speech...
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