The Review of Litigation

The Review of Litigation is a magazine focusing on Law

Articles from Vol. 19, No. 3, Summer

Can Deterrence Play a Positive Role in Defamation Law?
I. Introduction Ideally, the law of defamation would be able to achieve two goals simultaneously. First, the law would deter the citizenry, including the press, from communicating all unprivileged, false, defamatory speech. Because perfect deterrence...
Read preview Overview
Closing the Floodgates: The Employee's Duty to Mitigate and Why Working Is Not a Major Life Activity
I. Introduction On June 22, 1999, the United States Supreme Court handed down three decisions that forever change how issues involving the Americans with Disabilities Act of 1990 (ADA or "The Act")[1] and the Rehabilitation Act of 1973[2] will be litigated:...
Read preview Overview
Don't Roll in My Parade: The Impact of Sports and Entertainment Cases on Public Awareness and Understanding of the Americans with Disabilities Act
I. Introduction "To boldly go where everyone has gone before . . . "1 There have been a number of articles, stories, and commentary in the popular press and on television about the Americans with Disabilities Act (ADA)2 over the past decade. Much of...
Read preview Overview
Employee's Panacea or Pandora's Box? an Analysis of Bragdon V. Abbott and Its Likely Effects upon Claims under Title I of the ADA
I. Introduction With the passage of the Americans with Disabilities Act of 1990 (ADA),1 much has been accomplished for the nation's disabled individuals with regard to gaining access to services and accommodations, overcoming discrimination, and dispelling...
Read preview Overview
Judges and Juries: Why Are So Many ADA Plaintiffs Losing Summary Judgement Motions, and Would They Fare Better before a Jury? A Response to Professor Colker
I. Introduction The Americans with Disabilities Act (ADA) ushered in what is a Third Reconstruction1 in the civil rights history of America.2 However, like the earlier periods of Reconstruction, the ADA period has been a time of struggle for those seeking...
Read preview Overview
Solicitation in Class Actions: Should Class Certification Be Denied Because Class Counsel Solicited the Class Representative?
I. Introduction This Note surveys how federal courts have analyzed the Federal Rule of Civil Procedure 23 requirement of adequacy of representation in cases in which class counsel has violated the ethical rules prohibiting solicitation. It concludes...
Read preview Overview
The ADA and Section 1983: Walking Hand in Hand
I. Introduction The federal courts have shown a discernable trend in recent years to make civil rights cases more difficult to litigate and problematic on appeal even when successful at trial level. Doctrines of qualified ("good faith") immunity, interlocutory...
Read preview Overview
The Constitutional Status of the ADA: An Examination of Alsbrook V. City of Maumelle in Light of Recent Supreme Court Decisions concerning the 11th Amendment
I. Introduction The 11 th Amendment protects state actors from suit in federal court by their own citizens or citizens of other states.1 Congress, however, can pass statutes that nullify 11th Amendment immunity under certain circumstances, making state...
Read preview Overview